CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 23, 2023; 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: 2023-17
(SA) LAST RESOLUTION: 2023-01 PFA LAST RESOLUTION: 2022-02 AGENDA
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:
2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado.
CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
3. CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed-session concerning:
Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Initiation of litigation (Government Code § 54956.9(d)(4)).
Number of potential cases is: _1_.
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:
Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc.
Instructions to negotiator concerning: Terms of Payment.
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 authority 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: March 9, 2023.
B. Consider February 2023 Cash and Financial Statements - prepared By Price Paige & Company.
C. Consider Ratifying Letter of Support to Westlands GSA’s proposal to the Department of Conservation for a Multibenefit Land Repurposing Program grant.
D. Consider Authorizing the Mayor to Execute a Temporary South of Delta 215 Water Service Contract for Water Contract Year 2023 (Resolution 2023-18).
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. Discussion on Direction to Appoint a Representative to the Kings County Commission on Aging Council (Discussion).
B. Consider Approval of Pilot Transportation Project in Avenal, Dial-A-Ride, by Kings Areal Rural Transit (KART): (Discussion/Action).
March 23, 2023 Pg. 1
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Community & Economic Development Report: Kao Nou Yang, Director
2. Police Department Activity Report: Robert Nevarez, Chief of Police B. Special Presentations/Reports:
1. None
8. PUBLIC HEARING(s):
A. None
9. OLD BUSINESS:
A. Consider Extending Local Emergency Declared on May 27, 2021 (Drought): (Discussion/Action).
10. NEW BUSINESS:
A. None.
11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.
12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, March 20, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
March 23, 2023 Pg. 2
CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 23 DE MARZO DE 2023; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM :
Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y use el ID de reunión 872 4344 0488 para unirse.
Sesión de estudio: Ninguna
ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-17 (SA) ÚLTIMA RESOLUCIÓN : 2023-01 PFA ÚLTIMA RESOLUCIÓN: 2022-0 2 AGENDA
1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:
2. PASE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde interino Alejandro Ramírez, Alcalde Álvaro Preciado.
SECRETARIO MUNICIPAL: 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 haber sido elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia sucesora.
3. SESIÓN CERRADA: (Ciudad/ Agencia sucesora):
La intención de este órgano rector es reunirse a puerta cerrada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la sesión privada.
A. LITIGIO PENDIENTE (Código de Gobierno § 54956.9).
Este órgano rector tiene la intención de reunirse a puerta cerrada en relación con:
Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).
Iniciación de litigios (Código de Gobierno § 54956.9(d)(4)).
El número de casos potenciales es: _1_.
B. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).
Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes inmuebles sobre la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera :
Descripción de la propiedad: APN: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con la que negocia Avenal Sand Drags Association, Inc.
Instrucciones al negociador sobre: Condiciones de pago.
4. COMENTARIOS PÚBLICOS / ANUNCIOS Y APARICIONES NO PROGRAMADAS:
Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier tema de la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la autoridad 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 promulgados por una moción: (Acción).
A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para: 9 de marzo de 2023.
B. Considere los estados financieros y de efectivo de febrero de 2023, preparados por Price Paige & Company.
C. Considere ratificar la Carta de Apoyo a la propuesta de Westlands GSA al Departamento de Conservación para una subvención del Programa de Reutilización de Tierras de Beneficios Múltiples.
D. Considere autorizar al alcalde a ejecutar uncontrato de servicio de agua emporio al sur del Delta 215 para el año 2023 (Resolución 2023-18).
6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A CONSIDERAR:
A. Discusión sobre la dirección para nombrar un representante para el Consejo de la Comisión sobre el Envejecimiento del Condado de Kings (discusión).
B. Considere la aprobación del proyecto piloto de transporte en Avenal, Dial-A-Ride, por Kings Areal Rural Transit (KART): (Discusión / Acción).
March 23, 2023 Pg. 3
7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1. Informe sobre la comunidad y el desarrollo económico: Kao Nou Yang, Director
2. Informe de Actividades del Departamento de Policía: Robert Nevarez, Jefe de Policía B. Presentaciones especiales/informes:
1. Ninguno
8. AUDIENCIA(s) PÚBLICA(s):
A. Ninguno
9. NEGOCIO ANTIGUO:
A. Considere extender la emergencia local declarada el 27 de mayo de 2021 (sequía): (discusión / acción).
10. NUEVOS NEGOCIOS:
A. Ninguno.
11. CORRESPONDENCIA/ANUNCIOS/ COMENTARIOS FINALES:
• Temas del programa próximos/futuros que han de examinarse. • Correspondencia/Anuncios/Información/ Comentarios finales.
12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario 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 tema de esta Agenda presentados al [Consejo/Autoridad] después de la distribución del paquete de agenda están disponibles para inspección pública en la oficina de [Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal .
Certifico que este taller de Agenda del Ayuntamiento de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el, 20 de marzo de 2023.
__ /s/ María Ortiz
Maria Ortiz, Secretaria Municipal
March 23, 2023 Pg. 4
CITY OF AVENAL
“Pistachio&aSitaOoIthH:oUOG”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 9, 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 5:20 p.m.
ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Mayor Alvaro Preciado.
ABSENT: Luis Gravelle, Mayor Pro Tem Alejandro Ramirez.
STAFF: Lopez, Ortiz, Bermudez, Davis, Verdugo.
LEGAL COUNCEL: Moses Diaz.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
The City Council went into Closed Session at 5:18 p.m.
CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed session concerning:
Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Initiation of litigation (Government Code §
54956.9(d)(4)). Number of potential cases is: _1_.
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:
Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc. Instructions to negotiator concerning: Terms of Payment.
Mayor Preciado re-opened meeting at 6:39 p.m. with the following action to report: the City Council would like too administrative compliant.
Councilman Verdugo motioned to approve initiating an administrative complaint, second by Mayor Preciado and carried.
Roll Call Vote:
AYES: Verdugo, Preciado, Hernández.
NOES: None.
ABSENT: Gravelle, Ramirez.
ABSTAIN: None.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: None.
CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: February 22, 2023.
B. Consider A Resolution Authorizing a Water Line Reimbursement Agreement Between the City of Avenal and NNNDG21 LLC., for the O'Reilly Tract Project.
AGENDA ITEM NO. 5. – A.
March 23, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – March 9, 2023
Council Member/Successor Agency Member Verdugo made motion to approve Consent Calendar, seconded by Council Member/Successor Agency Member Hernandez, and motion carried.
RESOLUTION 2023-17: A RESOLUTION AUTHORIZING A WATER LINE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF AVENAL AND NNNDG21 LLC., FOR THE O'REILLY TRACT PROJECT. Councilman Verdugo motioned to approve, second by Councilman Hernandez, and motioned carried.
Roll Call Vote:
AYES: Verdugo, Hernández, Preciado.
NOES: None.
ABSENT: Gravelle, Ramirez.
ABSTAIN: None.
MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:
A. None.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director.
Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance.
2. IT Department Activity Report: Humberto Bermudez, IT Manager.
Humberto Bermudez, IT Manager reported the following: 1) Current Projects – Internet, phone system, emails, server, clerk software; 2) Other: -Aids in outreach for the Human Resources Assistant, Building Inspector, and Finance Manager positions, listing said positions on Indeed with stronger results than our typical means of outreach. -Assists Avenal PD in readying a workstation for their upcoming Community Service Officer, upgrades another display arrangement for ergonomics for our Reserve Officer. -Reorganized surplus HP All-in-One PCs to prepare for Public Surplus. Hard Drives will not be included and will be held until The City has a proper means of data destruction. -Reaches out to ADT to move -Continues to work with KCAG to allow regular remote viewing and participation of their monthly meetings -Continues to maintain the city website and provide tech support across all facilities.
3. Activities Department Report: Sheila Verdugo, Community Activities Supervisor.
Sheila Verdugo, Community Activities Supervisor reported the following: 1) March 11th Flea Market @ Veterans Hall 11AM-3PM; 2) March 25th Music Fest @ Rice Park 10AM – 2PM; 3) April 1st Easter/WOYC @ Rice Park 11AM – 2PM; 4) Other misc.:
Inventorying, Preparation for Grand Jury Tour, meetings KPFP/Tabaco Coalition, Behavioral Health, reached out to Wonderful for volunteer projects; Anna reserved and working on Block Party APD, UFW, facility rentals, consulate, and circus.
B. Special Presentations/Reports:
1) None
PUBLIC HEARING(s):
A. None.
OLD BUSINESS:
A. 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:
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.
Councilman Verdugo motioned to approve as recommended, seconded by Councilman Hernandez, and motion carried.
Roll Call Vote:
March 23, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – March 9, 2023
AYES: Verdugo, Hernandez, Preciado.
NOES: None.
ABSENT: Gravelle, Ramirez.
ABSTAIN: None.
NEW BUSINESS:
A. None.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
City Manager Lopez announced the following: 1) pass out a flyer for Culture Cannabis Club and if there is interest from any council members on attending a tour. He knows Councilman Gravelle is interested and pick a day and coordinate with the people in Porterville to take the tour. So presently three, maybe four and will reach out to Mayor Pro Tem Ramirez; and 2) Leadership Training Development: he spoken with Mr. Garza and Council may recall that Mr. Garza assisted two years ago. City Manager Lopez is still finalizing details but looking at maybe meeting one day with Council City Manager on Leadership Development. And second meeting will include all department heads for goal setting, and we've broken down. So, we're looking at one that would be this City Council/City Manager and go over some of the leadership training and some tactics over the Council meeting. The second one would be including all department heads and on Saturday. Staff will reach out to all.
Mr. Horn would like to attend the tour. Staff will extend invitation to the City of Coalinga to attend the tour as well.
Councilman Verdugo stated that he was driving around, and something really bothered him. It was the Community Garden & Food Distribution which should have community volunteers not City Staff working and that needs to change, because Staff needs to do their jobs at the city. Also, the Street Sweeper the community complains, but doesn’t cleanup the trash.
Mayor Preciado reported the following: 1) attended many meetings; and 2) Department of Transportation - hydrogen basis they can be able to ride a bus for eight hours up to 500 miles, 400 to 500 miles.
ADJOURNMENT:
There being no further business the City Council meeting was adjourned at 7:34 p.m.
Respectfully submitted,
Maria Ortiz, City Clerk
March 23, 2023 Pg. 7
February 2023 Bank Reconciliation
Bank Balance
Opening Balance 13,207,881.17
Deposits 2,472,123.41
Withdrawls (1,887,768.13)
Ending Balance 13,792,236.45
Check -
Less: Outstanding Checks
Operating (233,957.48)
Total Outstanding Checks (233,957.48)
Estimated Ending Bank Balance 13,558,278.97
March 23, 2023 Pg. 8
Red = Interest Earned
City Accounts
Bank Account Fast CU FAST CU LAIF PayPal
General RDA 98-16-040 Total
Beginning Balance 9,599,751.74 164,319.06 3,443,810.37 - 13,207,881.17 Deposits 2,472,021.09 6.30 - 96.02 2,472,123.41
Withdrawals (1,887,672.11) - - (96.02) (1,887,768.13)
Ending Balance 10,184,100.72 164,325.36 3,443,810.37 - 13,792,236.45 10,184,100.72 164,325.36 3,443,810.37
- - - - -
Interest - 6.30 -
March 23, 2023 Pg. 9
Outstanding Checks 233,957.48
Outstanding Wire -
Total Outstanding 233,957.48
CHECK NUMBER ISSUE DATE VENDOR STATUS CHK_STATUS NO LABEL TOTAL DESCRIPTION Cleared/Outstanding Amount Amount Check 1963 2/9/23 ADT COMMERCIAL O 135.27 Regular 1963 135.27 - 1964 2/9/23 ADT SECURITY SERVICES O 925.16 Regular 1964 925.16 - 1965 2/9/23 Amazon Capital Services O 661.05 Regular 1965 661.05 - 1966 2/9/23 BSK ASSOCIATES O 2,105.00 Regular 1966 2,105.00 - 1967 2/9/23 CALIF. POLICE CHIEFS ASSOC. O 99.00 Regular Outstanding Outstanding - 1968 2/9/23 COUNTY OF KINGS ELECTION DEPT. O 6,215.11 Regular 1968 6,215.11 - 1969 2/9/23 COUNTY OF KINGS IT DEPT. O 3,076.19 Regular 1969 3,076.19 - 1970 2/9/23 DASSEL'S PETROLEUM, INC. O 151.84 Regular 1970 151.84 - 1971 2/9/23 GRAINGER, INC. O 878.12 Regular 1971 878.12 - 1972 2/9/23 JIMMIE TUTTLE O 102.00 Regular Outstanding Outstanding - 1973 2/9/23 Joshua Alvarado O 102.00 Regular 1973 102.00 - 1974 2/9/23 JORGENSEN COMPANY O 335.00 Regular 1974 335.00 - 1975 2/9/23 Langston Companies, Inc. O 1,222.65 Regular 1975 1,222.65 - 1976 2/9/23 LEAGUE OF CALIFORNIA CITIES O 6,546.00 Regular 1976 6,546.00 - 1977 2/9/23 MORENO'S PLUMBING O 198.00 Regular 1977 198.00 - 1978 2/9/23 PUBLIC INTEREST LAW FIRM O 8,910.00 Regular 1978 8,910.00 - 1979 2/9/23 QUAD KNOPF, INC. O 6,143.53 Regular 1979 6,143.53 - 1980 2/9/23 R.L. HASTINGS & ASSOCIATES, LL O 1,500.00 Regular 1980 1,500.00 - 1981 2/9/23 Roldan DeLeon O 255.00 Regular 1981 255.00 - 1982 2/9/23 SCRTF O 548.00 Regular Outstanding Outstanding - 1983 2/9/23 Tamaya Bates O 153.00 Regular 1983 153.00 - 1984 2/9/23 TELSTAR INSTRUMENTS, INC. O 1,555.92 Regular 1984 1,555.92 - 1985 2/9/23 TELSTAR INSTRUMENTS, INC. O 13,789.00 Regular 1985 13,789.00 - 1986 2/9/23 TPX COMMUNICATIONS O 701.28 Regular 1986 701.28 - 1987 2/9/23 WHEAT LAND, INC. O 7,500.00 Regular 1987 7,500.00 - 1988 2/9/23 William Jay Leist O 4,877.30 Regular 1988 4,877.30 - 1989 2/9/23 WILLDAN O 5,910.00 Regular 1989 5,910.00 -
1993 2/17/23 ADT SECURITY SERVICES O 70.74 Regular Outstanding Outstanding - 1994 2/17/23 Alfonso Naranjo O 250.00 Regular 1994 250.00 - 1995 2/17/23 AT & T O 181.25 Regular Outstanding Outstanding - 1996 2/17/23 AT&T O 12,436.45 Regular 1996 12,436.45 -
1997 2/17/23 AVAYA INC. O 13.95 Regular 1997 13.95 -
1998 2/17/23 AVENAL LUMBER & HARDWARE O 545.89 Regular Outstanding Outstanding - 1999 2/17/23 BILLINGSLEY TIRE SERVICE O 625.77 Regular Outstanding Outstanding - 2000 2/17/23 C.L.E.A O 27.00 Regular 2000 27.00 -
2001 2/17/23 COOKS COMMUNICATION CORP O 2,799.94 Regular 2001 2,799.94 - 2002 2/17/23 CYNTHIA GUZMAN O 340.00 Regular Outstanding Outstanding - 2003 2/17/23 Department of Transportation O 2,056.58 Regular Outstanding Outstanding - 2004 2/17/23 DILLS AUTO SUPPLY O 2,786.68 Regular 2004 2,786.68 - 2005 2/17/23 First-Citizens Bank & Trust Co O 263.90 Regular 2005 263.90 - 2006 2/17/23 FRESNO MOBILE RADIO O 406.00 Regular Outstanding Outstanding - 2007 2/17/23 KELLER FORD O 950.12 Regular Outstanding Outstanding - 2008 2/17/23 Kings Veterinary Services Inc. O 320.00 Regular Outstanding Outstanding - 2009 2/17/23 LAWRENCE TRACTOR CO. INC. O 872.14 Regular Outstanding Outstanding - 2010 2/17/23 Maria Herrera O 500.00 Regular Outstanding Outstanding - 2011 2/17/23 NTU TECHNOLOGIES INC. O 14,257.33 Regular Outstanding Outstanding - 2012 2/17/23 P G & E O 20,017.67 Regular Outstanding Outstanding - 2013 2/17/23 PUBLIC INTEREST LAW FIRM O 10,602.05 Regular Outstanding Outstanding - 2014 2/17/23 Reyna Hernandez O 250.00 Regular Outstanding Outstanding - 2015 2/17/23 RICARDO VERDUGO O 100.00 Regular Outstanding Outstanding - 2016 2/17/23 THE CRISCOM COMPANY O 4,000.00 Regular Outstanding Outstanding - March 23, 2023 Pg. 10
2017 2/17/23 WEST HILLS OIL, INC O 5,375.02 Regular Outstanding Outstanding - 2018 2/17/23 SWRCB V 365.00 Regular VOID VOID -
49804 2/22/23 PRINCIPAL LIFE INSURANCE COMPA O 5,996.64 Regular Outstanding Outstanding - 49805 2/22/23 KEENAN & ASSOCIATES O 97,780.24 Regular Outstanding Outstanding - March 23, 2023 Pg. 11
Payroll checks are removed from this listing and are in the "payroll checks" tab POST DATE TRANSACTION AMT DRAFT NUMBER TRACE NUMBER Check (Oper) 2/28/23 $2,786.68 2004 2004
2/28/23 $12,436.45 1996 1996
2/28/23 $102.00 1973 1973
2/28/23 $263.90 2005 2005
2/28/23 $27.00 2000 2000
2/28/23 $13.95 1997 1997
2/28/23 $3,076.19 1969 1969
2/25/23 $2,799.94 2001 2001
2/25/23 $250.00 1994 1994
2/24/23 $1,514.98 1241 1241
2/22/23 $21,066.57 1992 0
2/22/23 $6,143.53 1979 1979
2/22/23 $198.00 1977 1977
2/22/23 $925.16 1964 1964
2/22/23 $28.85 1711 1711
2/18/23 $3,005.00 1990 0
2/18/23 $370.95 1926 1926
2/18/23 $788.00 1853 1853
2/17/23 $151.84 1970 1970
2/17/23 $6,215.11 1968 1968
2/17/23 $135.27 1963 1963
2/16/23 $6,546.00 1976 1976
2/16/23 $1,222.65 1975 1975
2/16/23 $878.12 1971 1971
2/16/23 $65.00 1962 0
2/15/23 $5,910.00 1989 1989
2/15/23 $7,500.00 1987 1987
2/15/23 $701.28 1986 1986
2/15/23 $13,789.00 1985 1985
2/15/23 $1,555.92 1984 1984
2/15/23 $255.00 1981 1981
2/15/23 $335.00 1974 1974
2/15/23 $661.05 1965 1965
2/14/23 $8,910.00 1978 1978
2/14/23 $2,105.00 1966 1966
2/14/23 $42,869.16 1941 1941
2/14/23 $100.00 1920 1920
2/14/23 $4,877.30 1988 1988
2/14/23 $153.00 1983 1983
2/14/23 $1,500.00 1980 1980
2/11/23 $90.00 1950 1950
2/10/23 $635.96 1928 1928
2/10/23 $90.96 1923 1923
2/9/23 $889.86 1959 1959
2/9/23 $1,576.03 1957 1957
2/9/23 $546.01 1948 1948
March 23, 2023 Pg. 12
2/9/23 $2,201.00 1938 1938
2/9/23 $1,000.00 1892 1892
2/8/23 $104.81 1925 1925
2/8/23 $999.77 1921 1921
2/8/23 $263.90 1909 1909
2/8/23 $22,226.00 1952 1952
2/8/23 $36,894.01 1927 1927
2/7/23 $700.00 1956 1956
2/7/23 $835.98 1953 1953
2/7/23 $434.00 1946 1946
2/7/23 $28.14 1942 1942
2/7/23 $711.20 1940 1940
2/7/23 $1,028.77 1939 1939
2/7/23 $1,433.41 1933 1933
2/7/23 $100.00 1929 1929
2/7/23 $3,257.53 1918 1918
2/7/23 $129.00 1884 1884
2/7/23 $145.00 1878 1878
2/7/23 $130.17 1218 1218
2/4/23 $6,073.74 1960 1960
2/4/23 $48.60 1958 1958
2/4/23 $3,398.38 1954 1954
2/4/23 $30,912.39 1951 1951
2/4/23 $300,105.00 1949 1949
2/4/23 $1,500.00 1944 1944
2/4/23 $6,094.44 1943 1943
2/4/23 $387.01 1936 1936
2/4/23 $406.00 1932 1932
2/4/23 $333.55 1930 1930
2/4/23 $13.18 1924 1924
2/4/23 $318.38 1919 1919
2/4/23 $1,354.96 1240 1240
2/3/23 $4,000.00 1955 1955
2/3/23 $203.29 1947 1947
2/3/23 $37,410.00 1945 1945
2/3/23 $1,459.63 1935 1935
2/3/23 $104.11 1931 1931
2/3/23 $2,663.50 1922 1922
2/3/23 $608.43 1914 1914
2/3/23 $977.61 1910 1910
2/3/23 $826.88 1908 1908
2/3/23 $8,400.00 1907 1907
2/3/23 $174.67 1857 1857
2/2/23 $899.00 1912 1912
2/2/23 $110.21 1911 1911
March 23, 2023 Pg. 13
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. - C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 23, 2023
RE: Consider Ratifying Letter of Support to Westlands GSA’s proposal to the Department of Conservation for a Multibenefit Land Repurposing Program grant
INFORMATION:
On March 15, 2023, Staff was contacted by the LEAP Institute in Huron, asking for letters of support to a grant application that Westlands Water District is submitting to the General Services Administration (GSA), for workforce development training funds to train in building and maintaining greywater systems in the Valley.
The City previously wrote a letter of support to the LEAP Institute for their Green Workforce Development in Priority Communities, back in November of 2021. The Green Workforce grant was awarded and Staff has participated in meetings to help design and implement the trainings with the hopes the program can be expanded to surrounding communities in the future.
In that same vein, Westlands also hopes to provide workforce development in relevant fields that help improve and reduce environmental impacts through the use of greywater in our drought stricken region. Huron is presented as an example of a community which adopted a greywater use ordinance in 2018 (Attached).
Seeing the low commitment to the letter, asking only to help conduct outreach and provide input to the program, the City Manager signed the letter in the spirit of continued cooperation with our local stakeholders and partners.
RECOMMENDATION:
By motion, approve and ratify the City Manager signing the Letter of Support to Westlands GSA’s proposal to the Department of Conservation for a Multibenefit Land Repurposing Program grant.
FISCAL IMPACT:
None.
March 23, 2023 Pg. 14
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 Department of Conservation
Division of Land Resource Protection
[email protected]
March 17, 2023
RE: Partnership with the Westlands Groundwater Sustainability Agency (GSA) for the Multi-Benefit Land Repurposing Project (Round 2)
Dear Division Director Bright:
I write on behalf of the City of Avenal as a committed collaborator on the Westlands GSA’s proposal to the Department of Conservation for a Multibenefit Land Repurposing Program grant. If awarded, these grant funds will support development of the Westlands Multi-benefit Land Repurposing Project (herein the “Project”) in the San Joaquin Valley Westside Subbasin.
Agriculture is a major driver of our region’s economy, and the City of Avenal recognizes that responsible stewardship of water resources is essential for the continued prosperity of our community. A large majority of Avenal’s population depends on the agricultural economy to sustain their livelihoods. This Project represents an opportunity to take steps towards preserving critical water resources in a manner that provides additional benefits to our residents. To that end, City of Avenal will collaborate with our neighboring communities to conduct outreach and community engagement to ensure that residents’ voices are represented in the Project, providing valuable local input and community buy-in.
The City of Avenal encourages the Department of Conservation to award the funds requested in this proposal to support the Westlands GSA in developing the Multi-benefit Land Repurposing Project.
Sincerely,
Antony V. López, MPA
City Manager
Email: [email protected]
March 23, 2023 Pg. 15
March 23, 2023 Pg. 16
March 23, 2023 Pg. 17
March 23, 2023 Pg. 18
March 23, 2023 Pg. 19
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 23, 2023
RE: Consider Authorizing the Mayor to Execute a Temporary South of Delta 215 Water Service Contract for Water Contract Year 2023
INFORMATION:
In January of 2021, the City of Avenal entered into a perpetual water contract with the United States Bureau of Reclamation (USBR) through the Water Infrastructure Improvements for the Nation Act (WIIN). Through the WIIN Act, the City does not need to renegotiate interimrenewal contracts, and in essence secures one reliable source of water for the community, with at most 3,500 acre feet of water in a wet year.
Today, the City has averaged 2,480 acre feet of water use throughout wet and dry years, with USBR filling any Municipal & Industrial allocation gaps of water needs through Public Health & Safety allocations the last few years. Last water year, the City used 2,257 acre feet of water out of 2,309 secured through M&I and PH&S allocation - all under Phase III drought restriction rules.
Given the recent storms that have drenched the Central Valley, USBR reached out to all contractors indicating the availability of Section 215 water - or “temporary water supplies.” “Section 215 of the Reclamation Reform Act, Public Law 97-293, authorizes Reclamation to provide 215 contracts for Section 215 water as a result of (1) an unusually large water supply not otherwise storable for Project purposes; or (2) infrequent and otherwise unmanaged flood flows of short duration.”
Attached are both a contract and a proposed action report by USBR which explains the process of Section 215 water being provided to contractors. In summary, Section 215 water is a potential additional allotment for contractors with the unprecedented runoff of water from rain and snow, for normal M&I purposes. Section 215 water is temporary and subject to availability and approval from a regional manager. This water is provided at a reduced Cost of Service (COS) at $18.30 vs. $32.75 for regular M&I in water year 2023.
RECOMMENDATION:
By Resolution, authorize the Mayor to execute a Temporary South of Delta 215 Water Service Contract for Water Contract Year 2023
FISCAL IMPACT:
The current rates for M&I water will remain the same, once the City is able to use Section 215 water there could be potential operational expense savings.
March 23, 2023 Pg. 20
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
TO ENTER INTO A CONTRACT
BETWEEN THE UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION AND
THE CITY OF AVENAL PROVIDING
TEMPORARY WATER SERVICE TO
THE CITY OF AVENAL FOR WATER
YEAR 2023
RESOLUTION 2023-18
WHEREAS, the City of Avenal (“City”) is solely dependent on the United States Department of the Interior, Bureau of Reclamation (USBR), Central Valley Project (CVP), for its water supply; and
WHEREAS, the City first entered USBR water supply contract 14-06-200-4619A, dated November 11, 1969, for a term of 40 years; and
WHEREAS, in 2016 the Congress of the United States of America approved the Water Infrastructure Improvements for the Nation (WIIN) Act; and WHEREAS, the City entered USBR WIIN Contract No. 14-06-200-4619A-IR1-P, dated January 22, 2021, on a perpetual basis; and
WHEREAS, Section 215 of the Reclamation Reform Act of 1982 defines temporary water supplies and allows non-storable water to be applied to CVP and Non-CVP contractors; and
WHEREAS, in 2023 after an unordinary period of rain, the City of Avenal is eligible for Section 215 water which can be used to alleviate the anticipated water allocation deficit to the community of Avenal; and
WHEREAS, the City Council of the City of Avenal concludes that the proposed Temporary Water Service contract for Section 215 water will assist in meeting the water supply needs for the city and its residents.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON March , 2023, BY THE FOLLOWING VOTE:
March 23, 2023 Pg. 21
2 of 2
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 Recitals above to be true and correct;
2. Approved the terms of the contract, Contract No. 23-WC-20-6082, titled “CONTRACT
FOR TEMPORARY WATER SERVICE BETWEEN THE UNITED STATES AND CITY OF AVENAL,” which contains certain blank fields for insertion of relevant dates, information and figures;
3. Authorized the Mayor to sign the Temporary Water Service contract containing all relevant dates, information and figures.
4. Directed City staff to diligently bring to the Council for consideration, all necessary or convenient budget adjustments which will enable the City to comply with the repayment requirements of the Section 215 Temporary Water Contract; and
5. Authorized the Mayor and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
March 23, 2023 Pg. 22
- BUREAU OF -
RECLAMATION
Categorical Exclusion Checklist
South of Delta 215 Contracts for Contract Vear 2023
CEC-22-043
LAYNE Olgll•lly lignod by LAYNE 8RAZJER
O.tr. 202J,01.09 U:16;S5·08'00' Prepared by~ BRAZIER
Layne Brazier
Natural Resources Student Trainee
South-Central California Area Office
KAREN Digitally ,lgnod by KAREN
Concurred by: REICHARDT REICHARDT
Dalo: 2023.01.0915:10:59.QS'OO'
Karen Reichardt
Archaeologist
Interior Region 10 · California-Great Basin
Concurrence with Extraordinary Circumstance 8.
Concurred by: NED
GRUENHAGEN
Digitally signed by NED
GRUENHAGEN
Date: 2023.01.09 13:40:24 -08'00'
Ned Gruenhagen, Ph.D.
Wildlife Biologist
South-Central California Area Office
Concurred by: BRIAN LOPEZ'DfgitallysignedbyBRIANLOf'EZ
Date:2023.01.0915:37:30·08"00'
Brian Lopez
Acting Environmental Compliance Branch Chief
South-Central California Area Office
ITA Designee concurrence with Extraordinary Circumstance 11 Approved by: DAVID HYATT Oigllal)f , ignedbyOAVIOHYATT
Oat"' 2on.01 .to 14:16:16 -oaw
for Michael P. Jackson, P.E.
Area Manager
South-Central California Area Office
U.S. Department of the Interior
Interior Region 10 · California-Great Basin January 2023 March 23, 2023 Pg. 23
CEC-22-043
1 Proposed Action
The Bureau of Reclamation (Reclamation) proposes to execute temporary water service contracts (215 contracts) during Contract Year 2022 (March 1, 2023 through February 29, 2024) for temporary supply of unstorable flood flows (Section 215 water) to South-of-Delta Central Valley Project (CVP) contractors and/or non-CVP contractors located within the CVP Consolidated Placeof-Use, including those located around the Mendota Pool (Figure 1). Section 215 water delivery would be from existing facilities, and no construction or modification of facilities will be needed for delivery of this water.
Section 215 of the Reclamation Reform Act, Public Law 97-293, authorizes Reclamation to provide 215 contracts for Section 215 water as a result of (1) an unusually large water supply not otherwise storable for Project purposes; or (2) infrequent and otherwise unmanaged flood flows of short duration.
Section 215 water would be made available to South-of-Delta CVP and/or non-CVP contractors from the following CVP facilities: Jones Pumping plant, Delta Mendota Canal, O’Neill Pumping/Generating Plant, San Luis Canal, Pleasant Valley Pumping Plant, Gianelli Pumping/Generating Plant, Pacheco Pumping Plant, Coyote Pumping Plant, Santa Clara Conduit and Hollister Conduit.
No construction or modification of facilities would be required or permitted for delivery of this water. Section 215 water is only available in the Mendota Pool when CVP water is entering the Mendota Pool from the Delta-Mendota Canal.
When Section 215 water is available, Reclamation will review the estimated Jones Pumping Plant capacity on a continuing basis. The daily amount of Section 215 water available may be revised based on the estimated Jones Pumping Plant capacity in order to ensure that Section 215 deliveries do not result in early drawdown of CVP storage in San Luis Reservoir or adversely affect other CVP contractors.
Contractors requiring the use of the Cross Valley Canal are responsible for coordinating conveyance with the Kern County Water Agency.
Contractors requiring the use of State Water Project facilities are responsible for coordinating conveyance with the California Department of Water Resources.
Section 215 water may be used for irrigation and municipal and industrial purposes and must be used within the contractor’s water service boundary and within the CVP Consolidated Place-of-Use.
No banking, transferring, or exchanging of Section 215 water would be allowed unless otherwise approved by Reclamation.
March 23, 2023 Pg. 24
CEC-22-043
2 Figure 1. CVP Consolidated Place-of-Use
March 23, 2023 Pg. 25
CEC-22-043
3 Priorities for delivery of Section 215 water are tiered in the order as directed by the Area Manager and the Central Valley Operations Office (Table 1).
Table 1. Potential Recipients of Section 215 Water
1st Priority - Delta Division & San Luis Unit
Banta-Carbona Irrigation District Byron Bethany Irrigation District California Department of Fish and Wildlife City of Avenal City of Coalinga City of Huron
City of Tracy Del Puerto Water District
Department of Veteran’s Affairs Dos Palos Joint Power Authority Eagle Field Water District Mercy Springs Water District Oro Loma Water District Pacheco Water District
Panoche Water District Patterson Irrigation District
San Luis Water District The West Side Irrigation District West Stanislaus Irrigation District Westlands Water District 1 & 2 - San Luis Canal Only
2nd Priority - Mendota Pool & San Felipe Division
Carvalho, Kenneth & Karen Revocable Trust Coelho Family Trust Dudley & Indart Fresno Slough Water District
James Irrigation District Laguna Water District
Marvin & Patricia Meyers Reclamation District No. 1606
San Benito County Water District Santa Clara Valley Water District San Joaquin River Exchange Contractors1 Tranquility Irrigation District Tranquility Public Utility District Westlands Water District Westlands Water District Distribution Districts 1 & 2
3rd Priority - Cross Valley Contractors
Arvin Edison Water District County of Fresno2
County of Tulare3 Hills Valley Irrigation District
Kern-Tulare Water District Lower Tule River Irrigation District Pixley Irrigation District Tri-Valley Water District
4th Priority - Non-CVP Contractors
Baker Farming Company, LLC Farmers Water District
Pleasant Valley Water District Poso Creek Water Company 1 Central California Irrigation District, Columbia Canal Company, Firebaugh Canal Water District, and San Luis Canal Company
2 Including subcontractors: Fresno County Service Areas #5, #10, and #14 and Fresno County Water Works #34
3 Including subcontractors: Alpaugh Irrigation District, Atwell Island Water District, City of Lindsay, Hills Valley Irrigation District, Saucelito Irrigation District, Stone Corral Irrigation District, Strathmore Public Utilities District, Styrotek Inc, and City of Visalia
Environmental Commitments
The CVP and non-CVP contractors shall implement the following environmental protection measures to avoid environmental consequences associated with the Proposed Action:
• No new facilities may be constructed to convey or deliver Section 215 water described in the Proposed Action.
March 23, 2023 Pg. 26
CEC-22-043
4 • Lands that have never been tilled or irrigated shall not be tilled or put into agricultural production using the Section 215 water described in the Proposed Action. • Lands that have been fallowed for three consecutive years (or more) shall not be irrigated with the Section 215 water described in the Proposed Action.
Environmental consequences for resource areas assume the measures specified would be fully implemented.
Exclusion Category
516 DM 14.5 D (4). Approval, execution, and implementation of water service contracts for minor amounts of long-term water use or temporary or interim water use where the action does not lead to long-term changes and where the impacts are expected to be localized.
Extraordinary Circumstances
Below is documentation that Reclamation considered whether there were extraordinary circumstances associated with the action as required in 40 CFR 1501.4. The criteria reflect the Extraordinary Circumstances detailed in 43 CFR 46.215, the requirements of Executive Orders, and Reclamation policy on Indian Trust Assets.
Extraordinary Circumstance No Uncertain Yes
1. This action would have a significant effect on the quality of the human environment (40 CFR 1502.3).
2. This action would have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources (NEPA Section 102(2)(E) and 43 CFR 46.215(c)).
3. This action would have significant impacts on public health or safety (43 CFR 46.215(a)).
4. This action would have significant impacts on such natural resources and unique geographical characteristics as historic or cultural resources; parks, recreation, and refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (EO 11990); flood plains (EO 11988); national monuments; migratory birds; and other ecologically significant or critical areas (43 CFR 46.215 (b)).
5. This action would have highly uncertain and potentially significant environmental effects or involve unique or
unknown environmental risks (43 CFR 46.215(d)).
6. This action would establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects
(43 CFR 46.215 (e)).
March 23, 2023 Pg. 27
CEC-22-043
5 Extraordinary Circumstance No Uncertain Yes
7. This action would have a direct relationship to other actions with individually insignificant but cumulatively significant environmental effects (43 CFR 46.215 (f)).
8. This action would have significant impacts on properties listed, or eligible for listing, on the National Register of Historic Places as determined by Reclamation (LND 02-01) (43 CFR 46.215 (g)).
9. This action would have significant impacts on species listed, or proposed to be listed, on the List of Endangered or
Threatened Species, or have significant impacts on
designated critical habitat for these species
(43 CFR 46.215 (h)).
10. This action would violate a Federal, tribal, State, or local law or requirement imposed for protection of the environment (43 CFR 46.215 (i)).
11. This action would affect ITAs (512 DM 2, Policy
Memorandum dated December 15, 1993).
12. This action would have a disproportionately high and adverse effect on low income or minority populations (EO 12898) (43 CFR 46.215 (j)).
13. This action would limit access to, and ceremonial use of, Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (EO 13007, 43 CFR 46.215 (k), and 512 DM 3)).
14. This action would contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may
promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act, EO
13112, and 43 CFR 46.215 (l)).
NEPA Action Recommended
This action is covered by the exclusion category and no extraordinary circumstances exist. The action is excluded from further documentation in an EA or EIS.
March 23, 2023 Pg. 28
Temporary Water Service – Year 2023
Contract No. 23-WC-20-6082
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Delta Division, Central Valley Project, California
CONTRACT FOR TEMPORARY WATER SERVICE
BETWEEN THE UNITED STATES
AND
CITY OF AVENAL
Table of Contents
Article No. Title Page No.
Preamble ..................................................................................................................1 Explanatory Recitals ................................................................................................1 1 Definitions................................................................................................................2 2 Term of Contract ......................................................................................................4 3 Water to be Made Available to the Contractor ........................................................4 4 Time for Delivery of Water .....................................................................................5 5 Points of Delivery – Responsibility for Distribution of Water ................................6 6 Water Measurement within Contractor’s Service Area ...........................................7 7 Payments and Adjustments ......................................................................................8 8 Return Flows ............................................................................................................9 9 Operation and Maintenance by Operating Non-Federal Entity .............................10 10 Opinions and Determinations ................................................................................11 11 Charges for Delinquent Payments .........................................................................11 12 General Obligation – Benefits Conditioned Upon Payment ..................................12 13 Notices ...................................................................................................................12 14 Contingent Upon Appropriation or Allotment of Funds........................................13 15 Officials Not to Benefit ..........................................................................................13 16 Assignment Limited – Successors and Assigns Obligated ....................................13 17 Books, Records, and Reports .................................................................................13 18 Protection of Water and Air Quality ......................................................................14 19 Equal Employment Opportunity ............................................................................14 20 Compliance with Civil Rights Laws and Regulations ...........................................16 21 Certification of Nonsegregated Facilities ..............................................................16 22 Medium for Transmitting Payments ......................................................................17 23 Contract Drafting Considerations ..........................................................................17 Signature Page .......................................................................................................18
Exhibit A – Contractor’s Service Area Map
Exhibit B – Rates and Charges
March 23, 2023 Pg. 29
Temporary Water Service – Year 2023
M&I Only
Contract No. 23-WC-20-6082
1 UNITED STATES
2 DEPARTMENT OF THE INTERIOR
3 BUREAU OF RECLAMATION
4 Delta Division, Central Valley Project, California
5 CONTRACT FOR TEMPORARY WATER SERVICE
6 BETWEEN THE UNITED STATES
7 AND
CITY OF AVENAL
8 THIS CONTRACT, made this _______ day of ___________________, 2023, 9 pursuant to the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or 10 supplementary thereto including the Acts of August 26, 1937 (50 Stat. 844), as amended 11 and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, 12 October 12, 1982 (96 Stat. 1263), and October 30, 1992 (106 Stat. 4600), all collectively 13 hereinafter referred to as the Federal Reclamation law, between the UNITED STATES OF 14 AMERICA, hereinafter referred to as the United States, and CITY OF AVENAL, hereinafter 15 referred to as the Contractor;
16 WITNESSETH, That:
17 EXPLANATORY RECITALS
18 (a) The United States has constructed and is operating the Central Valley Project, 19 California (Project) for the purposes, among others, of furnishing water for irrigation, municipal, 20 domestic, mitigation, protection, and restoration of fish and wildlife, and other beneficial uses; and 21
22 (b) There may be periods of time during the Year in which the Contracting Officer 23 determines that Temporary Water may be made available from the Delta Division Project March 23, 2023 Pg. 30
Temporary Water Service – Year 2023
M&I Only
Contract No. 23-WC-20-6082
2 24 facilities; and
25 (c) Pursuant to Section 215 of the Act of October 12, 1982 (96 Stat. 1263), neither 26 the ownership limitations of this Act nor the ownership limitations of any other provision of 27 Federal Reclamation law shall apply to lands which receive Temporary Water pursuant to this 28 Contract; and
29 (d) The Contractor is willing to contract with the United States pursuant to terms and 30 conditions of this Contract to obtain a supply of Temporary Water from said Project facilities; and 31
32 (e) A Categorial Exclusion Checklist for this Contract was signed on January 10, 33 2023, in accordance with the National Environmental Policy Act; 34 NOW, THEREFORE, in consideration of the mutual and dependent covenants 35 herein contained, the parties mutually agree as follows:
36 DEFINITIONS
37 1. When used herein, unless otherwise distinctly expressed or manifestly 38 incompatible with the intent hereof, the term:
39 (a) “Calendar Year” shall mean the period January 1 through December 31, 40 both dates inclusive;
41 (b) “Charges” shall mean the payments required by Federal Reclamation law 42 in addition to the Rates specified in this Contract, as determined annually by the Contracting 43 Officer pursuant to this Contract;
44 (c) “Contracting Officer” shall mean the Secretary of the Interior’s duly 45 authorized representative acting pursuant to this Contract or applicable Reclamation law or 46 regulation;
March 23, 2023 Pg. 31
Temporary Water Service – Year 2023
M&I Only
Contract No. 23-WC-20-6082
3 47 (d) “Contractor’s Service Area” shall mean the area to which the Contractor is 48 permitted to provide Temporary Water under this Contract as depicted in Exhibit A attached 49 hereto, which may be modified upon the mutual written agreement of the parties hereto without 50 amendment of this Contract;
51 (e) “Irrigation Water” shall mean Temporary Water used to irrigate land 52 primarily for the production of commercial agricultural crops or livestock, and domestic and 53 other uses that are incidental thereto;
54 (f) “Municipal and Industrial Water” or “M&I Water” shall mean Temporary 55 Water used for municipal, industrial, and miscellaneous other purposes not falling under the 56 definition of “Irrigation Water” or within another category of water use under an applicable 57 Federal authority;
58 (g) “Operation and Maintenance” or “O&M” shall mean normal and 59 reasonable care, control, operation, repair, replacement (other than capital replacement), and 60 maintenance of Project facilities;
61 (h) “Operating Non-Federal Entity” shall mean the San Luis & Delta62 Mendota Water Authority, its successors or assigns, which has the obligation to operate and 63 maintain Project facilities in the Delta Division pursuant to a separate agreement with the 64 United States and which may have funding obligations with respect thereto; 65 (i) “Project” shall mean the Central Valley Project owned by the 66 United States and managed by the Department of the Interior, Bureau of Reclamation; 67 (j) “Rates” shall mean the payments determined annually by the Contracting 68 Officer in accordance with the then-current applicable water ratesetting policies for the Project; 69 (k) “Secretary” shall mean the Secretary of the Interior, a duly appointed 70 successor, or an authorized representative acting pursuant to any authority of the Secretary and 71 through any agency of the United States Department of the Interior; March 23, 2023 Pg. 32
Temporary Water Service – Year 2023
M&I Only
Contract No. 23-WC-20-6082
4 72 (l) “Temporary Water” shall mean a supply of water made, not to exceed one 73 year, possible during the Year as a result of an unusually large water supply not otherwise 74 storable for Project purposes, or infrequent and otherwise unmanaged flood flows of short 75 duration;
76 (m) “Temporary Water Delivered” shall mean Temporary Water made 77 available for use by the Contractor at the point(s) of delivery approved by the Contracting 78 Officer, shown on Exhibit A, which may be changed by mutual agreement of the parties hereto 79 without requiring amendment to this Contract;
80 (n) “Temporary Water Scheduled” shall mean Temporary Water to be made 81 available to the Contractor for which times and quantities for delivery have been established 82 by the Contractor and Contracting Officer pursuant to Article 4 of this Contract; and 83 (o) “Year” shall mean the period from and including March 1 of the 84 Calendar Year through the last day of February of the following Calendar Year. 85 TERM OF CONTRACT
86 2. This Contract shall become effective on the date first hereinabove written and 87 shall remain in effect through February 29, 2024. This Contract shall not be extended or 88 renewed and no provision of this Contract shall be construed in any way as a basis for the 89 Contractor to establish any priority or right to a Project water supply or to obligate the 90 United States to enter into any other contract.
91 WATER TO BE MADE AVAILABLE TO THE CONTRACTOR
92 3. (a) It is understood and agreed that because of its uncertainty as to availability 93 and time of occurrence, Temporary Water will be furnished only if, as, and when it can be made 94 available, as determined by the Contracting Officer. The Contracting Officer shall notify the March 23, 2023 Pg. 33
Temporary Water Service – Year 2023
M&I Only
Contract No. 23-WC-20-6082
5 95 Contractor of the time period(s) during which Temporary Water can be made available under this 96 Contract. Following such notice by the Contracting Officer, consistent with all applicable State 97 water rights, permits, and licenses; Federal law; and subject to the terms and conditions 98 hereinafter stated, the United States shall make available for delivery to the Contractor within the 99 Contractor’s Service Area a maximum of 50,000 acre-feet of Temporary Water for Municipal 100 and Industrial (M&I) purposes; Provided, that the maximum quantity of Temporary Water 101 provided herein may be increased upon the written mutual agreement of the Parties and without 102 requiring amendment to this Contract. Temporary Water Delivered to the Contractor in 103 accordance with this subdivision shall be scheduled and paid for pursuant to the provisions of 104 Articles 4 and 7 of this Contract.
105 (b) Deliveries of Temporary Water shall be terminated when the Contracting 106 Officer determines that Temporary Water is no longer available. 107 (c) The Contracting Officer’s notification of the availability and subsequent 108 non-availability of Temporary Water may be made either orally or in writing on 24 hours’ or less 109 notice.
110 (d) Delivery and use of the Temporary Water shall be in accordance with all 111 applicable Federal, State and local laws, rules and regulations and Reclamation policy. 112 (e) The Contractor shall make reasonable and beneficial use of all Temporary 113 Water furnished pursuant to this Contract.
114 TIME FOR DELIVERY OF WATER
115 4. The Contractor shall submit to the Contracting Officer a written schedule, 116 satisfactory to the Contracting Officer, showing the monthly quantity and the time for delivery of 117 the Temporary Water to be made available pursuant to subdivision (a) of Article 3 of this March 23, 2023 Pg. 34
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6 118 Contract: Provided, That the Contractor shall not schedule Temporary Water in excess of the 119 quantity that the Contractor intends to put to beneficial use within the Contractor’s Service Area, 120 unless approved pursuant to subdivision (c) of Article 5 of this Contract. Said delivery schedule 121 and any revisions thereof shall be submitted at such times as determined by the Contracting 122 Officer and shall be subject to the approval of the Contracting Officer. 123 POINTS OF DELIVERY – RESPONSIBILITY
124 FOR DISTRIBUTION OF WATER
125 5. (a) All Temporary Water Delivered to the Contractor pursuant to this Contract 126 shall be measured and recorded with equipment furnished, installed, operated, and maintained by 127 the Contracting Officer either directly or indirectly through its written agreement(s) with the 128 Operating Non-Federal Entity, unless undertaken by the Contractor with the consent of the 129 Contracting Officer, at the point or points of delivery established pursuant to subdivision (a) of 130 this Article. Upon the request of either party to this Contract, the Contracting Officer shall 131 investigate, or cause to be investigated by the appropriate Operating Non-Federal Entity, the 132 accuracy of such measurements and shall take any necessary steps to adjust any errors appearing 133 therein. For any period of time when accurate measurements have not been made, the 134 Contracting Officer shall make a final determination of the quantity delivered for that period of 135 time. The Contracting Officer shall consult with Contractor and the Operating Non-Federal 136 Entity prior to making said determination.
137 (b) Temporary Water Delivered pursuant to this Contract shall only be used 138 by the Contractor on lands situated within the Contractor’s Service Area depicted on Exhibit A; 139 Provided, That Temporary Water Delivered pursuant to this Contract shall not be transferred, 140 exchanged, or banked for other water supplies without the written approval of the Contracting March 23, 2023 Pg. 35
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7 141 Officer prior to the transfer, exchange, or banking and no transfers, exchanges or banking shall 142 be approved absent all appropriate environmental documentation, including but not limited to 143 documents prepared pursuant to the National Environmental Policy Act and the Endangered 144 Species Act.
145 (c) The Contractor shall be responsible for the control, carriage, handling, use, 146 disposal, or distribution of Temporary Water Delivered to the Contractor pursuant to this 147 Contract beyond the point(s) of delivery specified in subdivision (a) of this Article. The 148 Contractor agrees to indemnify the United States for, and hold the United States and all of its 149 representatives harmless from, all damages resulting from suits, actions, or claims of any 150 character brought on account of any injury to any person or property arising out of any act, 151 omission, neglect, or misconduct in the manner or method of performing any duties of the United 152 States required under this Contract, regardless of who performs those duties. The Contractor 153 does not agree to indemnify the United States for any damages arising from intentional torts or 154 malicious actions committed by employees of the United States. 155 WATER MEASUREMENT WITHIN CONTRACTOR’S SERVICE AREA
156 6. (a) The Contractor shall ensure that all Temporary Water Delivered for M&I 157 purposes is measured at each M&I service connection. The water measuring devices or water 158 measuring methods of comparable effectiveness must be acceptable to the Contracting Officer. 159 The Contractor shall be responsible for installing, operating, and maintaining and repairing all 160 such measuring devices and implementing all such water measuring methods at no cost to the 161 United States. The Contractor shall use the information obtained from such water measuring 162 devices or water measuring methods to ensure its proper management of the Temporary Water 163 and to bill water users for deliveries of such water by the Contractor. Nothing herein contained, March 23, 2023 Pg. 36
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8 164 however, shall preclude the Contractor from establishing and collecting any charges, 165 assessments, or other revenues authorized by California law. 166 (b) The Contractor shall inform the Contracting Officer and the Operating Non-Federal Entity on or before the 20th 167 calendar day of each month of the quantity of M&I 168 Water taken during the preceding month
169 PAYMENTS AND ADJUSTMENTS
170 7. (a) At the time the Contractor submits a delivery schedule, or any revision 171 thereof, pursuant to Article 4 of this Contract, the Contractor shall make an advance payment to 172 the United States equal to the total amount payable pursuant to the applicable Rates set forth in 173 Exhibit B, for the quantity of Temporary Water Scheduled. Temporary Water shall not be 174 delivered to the Contractor prior to receipt of such advance payment. Temporary Water 175 Scheduled by and Delivered to the Contractor by the United States but subsequently not used by 176 the Contractor shall be considered as having been accepted by the Contractor and no refund shall 177 be made by the United States to the Contractor for such unused Temporary Water: Provided, 178 That the Contractor is not required to initially schedule the maximum amount of water specified 179 in subdivision (a) of Article 3 of this Contract.
180 (b) In addition to payment of the Rates in subdivision (b) of this Article, the 181 Contractor shall pay all Charges for Temporary Water Delivered before the end of the month 182 following the month of delivery at the charge set forth in Exhibit B. On or before September 15, 183 the Contracting Officer shall notify the Contractor in writing of the Charges to be in effect during 184 the period October 1 of the current Calendar Year, through September 30, of the following 185 Calendar Year, and such Charges shall replace the Charges in Exhibit B. All Charges due shall 186 be based on the quantities of M&I Water shown in the United States’ Monthly Water Statement March 23, 2023 Pg. 37
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9 187 (MWS) for the subject month. The MWS shall be regarded by the Contractor as a bill for the 188 payment of appropriate Charges. Any monthly adjustment for overpayment or underpayment of 189 Charges shall be accomplished through the adjustment of Charges due to the United States in the 190 next month.
191 (c) Within 60 days of the expiration of this Contract, any payment made by 192 the Contractor in excess of the total amount due to the United States pursuant to this Contract 193 shall, at the option of the Contractor, be refunded by the United States to the Contractor or 194 credited against other obligations due to the United States by the Contractor. With respect to 195 overpayment, such refund or credit shall constitute the sole remedy of the Contractor or anyone 196 having, or claiming to have by or through the Contractor, the right to the use of any of the 197 Temporary Water supply provided for herein.
198 (d) Payments to be made by the Contractor to the United States under this 199 Contract may be paid from any revenues available to the Contractor. 200 RETURN FLOWS
201 8. The United States reserves the right to all seepage and return flow water derived 202 from Temporary Water Delivered to the Contractor hereunder which escapes or is discharged 203 beyond the Contractor’s Service Area: Provided, That this shall not be construed as claiming for 204 the United States any right to seepage or return flow being put to reasonable and beneficial use 205 pursuant to this Contract within the Contractor’s Service Area by the Contractor or those 206 claiming by, through, or under the Contractor.
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10 207 OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY 208 9. (a) The O&M of certain Project facilities which serve the Contractor, and 209 responsibility for funding the costs of such O&M, have been transferred to the Operating Non210 Federal Entity by separate agreement between the United States and the Operating Non-Federal 211 Entity.
212 (b) The Contractor shall pay directly to the Operating Non-Federal Entity, or 213 to any successor approved by the Contracting Officer, all rates, charges, or assessments of any 214 kind, including any assessment for reserve funds, which the Operating Non-Federal Entity or 215 such successor determines, sets, or establishes for the O&M of the Project facilities operated and 216 maintained by the Operating Non-Federal Entity. Such direct payments to the Operating 217 Non-Federal Entity or such successor shall not relieve the Contractor of its obligation to pay 218 directly to the United States the Contractor’s share of the Project Rates and Charges, except to 219 the extent the Operating Non-Federal Entity or such successor collects payments on behalf of the 220 United States.
221 (c) For so long as the O&M of any Project facilities serving the Contractor is 222 performed by the Operating Non-Federal Entity, or any successor thereto, the Contracting 223 Officer shall adjust those components of the Rates for water delivered under this Contract 224 representing the cost associated with the activity being performed by the Operating Non-Federal 225 Entity or its successor.
226 (d) In the event the O&M of the Project facilities operated and maintained by 227 the Operating Non-Federal Entity, or any successor thereto, is re-assumed by the United States 228 during the term of this Contract, the Contracting Officer shall so notify the Contractor, in 229 writing, and present to the Contractor a revised Exhibit B which shall include the portion of the March 23, 2023 Pg. 39
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11 230 Rates to be paid by the Contractor for the water under this Contract representing the O&M costs 231 of the Project facilities which have been re-assumed. The Contractor shall, thereafter, in the 232 absence of written notification from the Contracting Officer to the contrary, pay the Rates and 233 Charges specified in the revised Exhibit B directly to the United States in compliance with 234 Article 7 of this Contract.
235 OPINIONS AND DETERMINATIONS
236 10. (a) Where the terms of this Contract provide for actions to be based upon the 237 opinion or determination of either party to this Contract, said terms shall not be construed as 238 permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or 239 determinations. Both parties, notwithstanding any other provisions of this Contract, expressly 240 reserve the right to seek relief from and appropriate adjustment for any such arbitrary, capricious, 241 or unreasonable opinion or determination. Each opinion or determination by either party shall be 242 provided in a timely manner. Nothing in subdivision (a) of this Article is intended to or shall 243 affect or alter the standard of judicial review applicable under Federal law to any opinion or 244 determination implementing a specific provision of Federal law embodied in statute or 245 regulation.
246 (b) The Contracting Officer shall have the right to make determinations 247 necessary to administer this Contract that are consistent with the provisions of this Contract, the 248 laws of the United States and the State of California, and the rules and regulations promulgated 249 by the Secretary. Such determinations shall be made in consultation with the Contractor to the 250 extent reasonably practicable.
251 CHARGES FOR DELINQUENT PAYMENTS
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12 253 charges on delinquent payments. If a payment is not received by the due date, the Contractor 254 shall pay an interest charge on the delinquent payment for each day the payment is delinquent 255 beyond the due date. If a payment becomes 60 days delinquent, the Contractor shall pay, in 256 addition to the interest charge, an administrative charge to cover additional costs of billing and 257 processing the delinquent payment. If a payment is delinquent 90 days or more, the Contractor 258 shall pay, in addition to the interest and administrative charges, a penalty charge for each day the 259 payment is delinquent beyond the due date, based on the remaining balance of the payment due 260 at the rate of 6 percent per year. The Contractor shall also pay any fees incurred for debt 261 collection services associated with a delinquent payment. 262 (b) The interest rate charged shall be the greater of either the rate prescribed 263 quarterly in the Federal Register by the Department of the Treasury for application to overdue 264 payments, or the interest rate of 0.5 percent per month. The interest rate charged will be 265 determined as of the due date and remain fixed for the duration of the delinquent period. 266 (c) When a partial payment on a delinquent account is received, the amount 267 received shall be applied first to the penalty charges, second to the administrative charges, third 268 to the accrued interest, and finally to the overdue payment. 269 GENERAL OBLIGATION – BENEFITS CONDITIONED UPON PAYMENT 270 12. (a) The obligation of the Contractor to pay the United States as provided in 271 this contract is a general obligation of the Contractor notwithstanding the manner in which the 272 obligation may be distributed among the Contractor's water users and notwithstanding the default 273 of individual water users in their obligation to the Contractor. 274 (b) The payment of charges becoming due pursuant to this contract is a 275 condition precedent to receiving benefits under this contract. The United States shall not make 276 water available to the Contractor through Friant Division project facilities during any period in 277 which the Contractor is in arrears in the advance payment of water rates due the United States. 278 The Contractor shall not deliver water under the terms and conditions of this contract for lands or 279 parties that are in arrears in the advance payment of water rates as levied or established by the 280 Contractor.
281 NOTICES
282 13. (a) Any notice, demand, or request authorized or required by this Contract 283 shall be deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, 284 or delivered to the Area Manager, Bureau of Reclamation, South-Central California Area Office, 285 1243 N Street, Fresno, California 93721-1813, and on behalf of the United States, when mailed, 286 postage prepaid, or delivered to the City Council of the Contractor, 919 Skyline Boulevard 287 Avenal, CA 93204. The designation of the addressee or the address may be changed by notice 288 given in the same manner as provided in this Article for other notices.
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13 289 (b) At such time as the Contractor provides information to the Contracting 290 Officer pursuant to subdivision (a) of this Article, a copy of such information shall be provided 291 to the Operating Non-Federal Entity.
292 CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS 293 14. The expenditure or advance of any money or the performance of any obligation of 294 the United States under this contract shall be contingent upon appropriation or allotment of 295 funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any 296 obligations under this contract. No liability shall accrue to the United States in case funds are 297 not appropriated or allotted.
298 OFFICIALS NOT TO BENEFIT
299 15. No Member of or Delegate to the Congress, Resident Commissioner, or official of 300 the Contractor shall benefit from this contract other than as a water user or landowner in the 301 same manner as other water users or landowners.
302 ASSIGNMENT LIMITED – SUCCESSORS AND ASSIGNS OBLIGATED 303 16. The provisions of this contract shall apply to and bind the successors and assigns 304 of the parties hereto, but no assignment or transfer of this contract or any right or interest therein 305 by either party shall be valid until approved in writing by the other party. 306 BOOKS, RECORDS, AND REPORTS
307 17. (a) The Contractor shall establish and maintain accounts and other books and 308 records pertaining to administration of the terms and conditions of this contract, including the 309 Contractor's financial transactions; water supply data; project operation, maintenance, and 310 replacement logs; project land and rights-of-way use agreements; the water users’ land-use (crop 311 census), land-ownership, land-leasing, and water-use data; and other matters that the Contracting 312 Officer may require. Reports shall be furnished to the Contracting Officer in such form and on 313 such date or dates as the Contracting Officer may require. Subject to applicable Federal laws 314 and regulations, each party to this contract shall have the right during office hours to examine 315 and make copies of the other party’s books and records relating to matters covered by this 316 contract.
317 (b) Nothing in this Article 15 shall be construed to limit or constrain the 318 ability of the Contracting Officer to conduct contract compliance reviews of this Contract in March 23, 2023 Pg. 42
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14 319 accordance with Reclamation Manual Directives and Standards PEC 05-08, last revised 320 September 29, 2014, as may be further revised, amended, modified, or superseded. 321 PROTECTION OF WATER AND AIR QUALITY
322 18. (a) The United States does not warrant the quality of the water delivered to 323 the Contractor and is under no obligation to furnish or construct water treatment facilities to 324 maintain or improve the quality of water delivered to the Contractor. 325 (b) The Contractor will comply with all applicable water and air pollution 326 laws and regulations of the United States and the State of California; and will obtain all required 327 permits or licenses from the appropriate Federal, State, or local authorities necessary for the 328 delivery of water by the Contractor; and will be responsible for compliance with all Federal, 329 State, and local water quality standards applicable to surface and subsurface drainage and/or 330 discharges generated through the use of Federal or Contractor facilities or project water provided 331 by the Contractor within its Project Water Service Area. 332 (c) This article will not affect or alter any legal obligations of the Secretary to 333 provide drainage or other discharge services.
334 EQUAL EMPLOYMENT OPPORTUNITY
335 (Federal Construction)
336 19. The following language is required by Executive Order No. 11246 of September 337 24, 1965, in all government contracts unless and until it is superseded or amended. 338 During the performance of this contract, the Contractor agrees as follows:
339 (a) The Contractor will not discriminate against any employee or applicant for 340 employment because of race, color, religion, sex, sexual orientation, gender identity, or national 341 origin. The Contractor will take affirmative action to ensure that applicants are employed, and 342 that employees are treated during employment, without regard to their race, color, religion, sex, 343 sexual orientation, gender identity, or national origin. Such action shall include, but not be 344 limited to the following: employment, upgrading, demotion, or transfer; recruitment or 345 recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 346 selection for training, including apprenticeship. The Contractor agrees to post in conspicuous 347 places, available to employees and applicants for employment, notices to be provided by the 348 Contracting Officer setting forth the provisions of this nondiscrimination clause. 349 (b) The Contractor will, in all solicitations or advancements for employees 350 placed by or on behalf of the Contractor, state that all qualified applicants will receive 351 consideration for employment without regard to race, color, religion, sex, sexual orientation, 352 gender identity, or national origin.
353 (c) The contractor will not discharge or in any other manner discriminate March 23, 2023 Pg. 43
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15 354 against any employee or applicant for employment because such employee or applicant has 355 inquired about, discussed, or disclosed the compensation of the employee or applicant or another 356 employee or applicant. This provision shall not apply to instances in which an employee who has 357 access to the compensation information of other employees or applicants as a part of such 358 employee’s essential job functions discloses the compensation of such other employees or 359 applicants to individuals who do not otherwise have access to such information, unless such 360 disclosure is in response to a formal complaint or charge, in furtherance of an investigation, 361 proceeding, hearing, or action, including an investigation conducted by the employer, or is 362 consistent with the contractor’s legal duty to furnish information. 363 (d) The Contractor will send to each labor union or representative of workers 364 with which he has a collective bargaining agreement or other contract or understanding, a notice, 365 to be provided by the agency Contracting Officer, advising the labor union or workers’ 366 representative of the Contractor’s commitments under section 202 of Executive Order No. 11246 367 of September 24, 1965, and shall post copies of the notice in conspicuous places available to 368 employees and applicants for employment.
369 (e) The Contractor will comply with all provisions of Executive Order No. 370 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of 371 Labor.
372 (f) The Contractor will furnish all information and reports required by 373 Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of 374 the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and 375 accounts by the Contracting Agency and the Secretary of Labor for purposes of investigation to 376 ascertain compliance with such rules, regulations, and orders. 377 (g) In the event of the Contractor’s noncompliance with the nondiscrimination 378 clauses of this contract or with any of such rules, regulations, or orders, this contract may be 379 canceled, terminated or suspended in whole or in part and the Contractor may be declared 380 ineligible for further Government contracts in accordance with procedures authorized in 381 Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and 382 remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, 383 regulation, or order of the Secretary of Labor, or as otherwise provided by law. 384 (h) The Contractor will include the provisions of paragraphs (1) through (8) in 385 every subcontract or purchase order unless exempted by the rules, regulations, or orders of the 386 Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 387 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 388 Contractor will take such action with respect to any subcontract or purchase order as may be 389 directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions 390 for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or 391 is threatened with, litigation with a subcontractor or vendor as a result of such direction, the 392 Contractor may request the United States to enter into such litigation to protect the interests of 393 the United States.
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16 394 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS 395 20. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 396 (Pub. L. 88-352; 42 U.S.C. § 2000d), the Rehabilitation Act of 1973 (Pub. L. 93-112, Title V, as 397 amended; 29 U.S.C. § 791, et seq.), the Age Discrimination Act of 1975 (Pub. L. 94-135, 398 Title III; 42 U.S.C. § 6101, et seq.), Title III of the Americans with Disabilities Act of 1990 399 (Pub. L. 101-336; 42 U.S.C. § 12181, et seq.), and any other applicable civil rights laws, and 400 with the applicable implementing regulations and any guidelines imposed by the U.S. 401 Department of the Interior and/or Bureau of Reclamation. 402 (b) These statutes prohibit any person in the United States from being 403 excluded from participation in, being denied the benefits of, or being otherwise subjected to 404 discrimination under any program or activity receiving financial assistance from the Bureau of 405 Reclamation on the grounds of race, color, national origin, disability, or age. By executing this 406 contract, the Contractor agrees to immediately take any measures necessary to implement this 407 obligation, including permitting officials of the United States to inspect premises, programs, and 408 documents.
409 (c) The Contractor makes this agreement in consideration of and for the 410 purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other 411 Federal financial assistance extended after the date hereof to the Contractor by the Bureau of 412 Reclamation, including installment payments after such date on account of arrangements for 413 Federal financial assistance which were approved before such date. The Contractor recognizes 414 and agrees that such Federal assistance will be extended in reliance on the representations and 415 agreements made in this article and that the United States reserves the right to seek judicial 416 enforcement thereof.
417 (d) Complaints of discrimination against the Contractor shall be investigated 418 by the Contracting Officer’s Office of Civil Rights. 419 CERTIFICATION OF NONSEGREGATED FACILITIES
420 21. The Contractor hereby certifies that it does not maintain or provide for its 421 employees any segregated facilities at any of its establishments and that it does not permit its 422 employees to perform their services at any location under its control where segregated facilities 423 are maintained. It certifies further that it will not maintain or provide for its employees any 424 segregated facilities at any of its establishments and that it will not permit its employees to 425 perform their services at any location under its control where segregated facilities are 426 maintained. The Contractor agrees that a breach of this certification is a violation of the Equal 427 Employment Opportunity clause in this contract. As used in this certification, the term 428 "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, 429 restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, 430 parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing 431 facilities provided for employees which are segregated by explicit directive or are in fact 432 segregated on the basis of race, creed, color, or national origin, because of habit, local custom, March 23, 2023 Pg. 45
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17 433 disability, or otherwise. The Contractor further agrees that (except where it has obtained 434 identical certifications from proposed subcontractors for specific time periods) it will obtain 435 identical certifications from proposed subcontractors prior to the award of subcontracts 436 exceeding $10,000 which are not exempt from the provisions of the Equal Employment 437 Opportunity clause; that it will retain such certifications in its files; and that it will forward the 438 following notice to such proposed subcontractors (except where the proposed subcontractors 439 have submitted identical certifications for specific time periods):
440 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR 441 CERTIFICATIONS OF NONSEGREGATED FACILITIES
442 A Certification of Nonsegregated Facilities must be submitted prior to the award of a 443 subcontract exceeding $10,000 which is not exempt from the provisions of the Equal 444 Employment Opportunity clause. The certification may be submitted either for each subcontract 445 or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The 446 penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001. 447 MEDIUM FOR TRANSMITTING PAYMENTS
448 22. (a) All payments from the Contractor to the United States under this contract 449 shall be by the medium requested by the United States on or before the date payment is due. The 450 required method of payment may include checks, wire transfers, or other types of payment 451 specified by the United States.
452 (b) Upon execution of the contract, the Contractor shall furnish the 453 Contracting Officer with the Contractor’s taxpayer’s identification number (TIN). The purpose 454 for requiring the Contractor’s TIN is for collecting and reporting any delinquent amounts arising 455 out of the Contractor’s relationship with the United States. 456 CONTRACT DRAFTING CONSIDERATIONS
457 23. This Contract has been negotiated and reviewed by the parties hereto, each of 458 whom is sophisticated in the matters to which this Contract pertains. Articles 1 through 10 of 459 this Contract have been drafted, negotiated, and reviewed by the parties, and no one party shall 460 be considered to have drafted the stated articles.
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18 461 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of 462 the day and year first above written.
463 UNITED STATES OF AMERICA
464 By: ____________________________________
465 Area Manager,
466 South-Central California Area Office
467 Bureau of Reclamation
468 ___________________________________
469 CITY OF AVENAL
470 By: ______________________________________
Mayor
471 (SEAL)
472 Attest:
473 By: ________________________________
474 City Attorney
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EXHIBIT A
[PLACEHOLDER PAGE FOR CONTRACTOR’S SERVICE AREA MAP]
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M&I Water
COST-OF-SERVICE (COS) RATES
Capital Components
Conveyance 1.22$
Conveyance Pumping - Dos Amigos Pumping Plant 0.55$
Conveyance Pumping - O'Neill Pumping Plant 0.26$
Direct Pumping - Jones Pumping 0.75$
O&M Components
Water Marketing * 15.52$
TOTAL COS RATE 18.30$
Charges and Assessments (Payments in addition to Rates) P.L. 102-575 Surcharges
24.05$
P.L. 106-377 Assessment
0.15$
24.20$
42.50$
EXPLANATORY NOTES
Additional details of the rate components are available on the Internet at http://www.usbr.gov/mp/cvpwaterrates/ratebooks/index.html Rates and Charges (Per Acre-Foot)
Trinity Public Utilities District
Total Charges and Assessments
Total Per Acre-Foot
*Subject to Regional Director's authority, the minimum 215 water marketing charges can be $9.70 and $9.78 for irrigation and M&I respectively.
Section 215 Water
Contract Year 2023
EXHIBIT B
Restoration Fund Surcharge
CVP-SLC Contractor - City of Avenal
March 23, 2023 Pg. 49
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 6. - A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 23, 2023
RE: Discussion on Direction to Appoint a Representative to the Kings County Commission on Aging Council
BACKGROUND:
Since 2021, Councilmember Pablo Hernandez has represented the City on the Kings County Commission on Aging Council (KCCOAC). Most recently, Councilmember Hernandez has expressed his intention to step-down from the KCCOAC in order to allow more active members of the Avenal Senior Program to represent the Avenal group.
The City Council is allowed to appoint any member of the Avenal community to the KCCOAC, this appointment is not exclusive to City Council Members.
INFORMATION
• Kings County Commission On Aging Council (KCCOAC) – meets the third Thursday of each month, 2PM at the Senior Center in Armona.
RECOMMENDATION:
Direct Staff on how the Council wishes to fill the vacancy. Staff suggests sharing the vacancy and solicit letters of interest from community members to represent Avenal on the KCCOAC and bring them before Council for final appointment.
March 23, 2023 Pg. 50
Board Primary Alternate Meeting Dates Time Location
Kings County
Area Public
Transit Agency
(KCAPTA) Alvaro Preciado Alex Ramirez
4th Wednesday
every month 3:30pm
Kings County
BOS Chambers -
Hanford
Kings County
Association of
Governments
(KCAG) Alvaro Preciado Alex Ramirez
4th Wednesday
every month 4:30pm
Kings County
BOS Chambers -
Hanford
Kings County
Abandoned
Vehicle
Abatement
Service
Authority
(KCAVASA) Alvaro Preciado Alex Ramirez Quarterly
Immediately
following the
adjournment of
the KCAG
Commission
Kings County
BOS Chambers -
Hanford
Kings
Community
Action
Organization
(KCAO) Antony López None
3rd Wednesday
every month 4:30 PM
KCAO Main
Office - Hanford
Kings County
Commission on
Aging Council
(KCCOAC)
Pablo
Hernandez None
3rd Thursday
every month 2:00 PM
Commission on
Aging/Senior
Center - Armona
Special Board Appointments 2020-2021
March 23, 2023 Pg. 51
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 6. - B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 23, 2023
RE: Consider Approval of Pilot Transportation Project in Avenal, Dial-A-Ride, by Kings Areal Rural Transit (KART)
BACKGROUND:
The community of Avenal is provided public transportation services by Kings Areal Rural Transit (KART), through Route 12, which operates four trips Monday-Friday, and one on Saturday. Over the past few years, the route has been adapted and changed to improve ridership, although there are concerns/issues with the length of travel from Avenal to Hanford with stops at Kettleman City, Stratford, Lemoore, and finally Hanford.
Angie Dow of KART has been supportive of finding a solution to local transportation needs in Avenal, helping provide a Solar EV charger for MioCar to bring services to Avenal, and also providing a special one-way route for grocery shopping on Saturdays since October 2022.
Recently, Staff was approached by the Reef-Sunset Unified School District on finding a solution to providing local transportation to school district children and their families, as part of the Family Engagement Center that is slated to open this year. The district has grant money to help fund such a project, but is not interested or capable of running the administration of a transportation program.
Staff contemplated utilizing exiting resources and hiring a driver to begin a small-scall local transportation program, but sustainability and reliability would be problems that need a heavy investment to bring up to a quality program.
KART was approached on the feasibility of partnering with the City on this potential project, and an idea was made to begin with a pilot project, from April 1 – June 30, with a week day, Dial-ARide, service from 8am-4pm, with a cost of $2 per rider. This pilot would be done at a maximum cost of $33,047.00, with those under 12 years of age riding for free (but must be accompanied by an adult). Fees collected from fares would be deducted to the total operating cost for the pilot project.
After speaking to the RSUSD, the district is in agreeance to fund the pilot project for the benefit of the entire community, through an MOU, with further discussions on how to fund a potential new service in the future should the pilot project be successful.
RECOMMENDATION:
Staff is seeking approval by motion from Council to move forward with the pilot project by KART, with financial assistance from RSUSD. KCAPTA is approving the pilot project on Wednesday March 22. Should it be approved, Staff with work with RSUSD on an MOU for funding the project.
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City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7 A. – 1
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: March 23, 2023
SUBJECT: March 2023 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Business Inquiry Forms – Staff is currently review 4 Business inquiry forms – Home Occupation Permits to new small retail business. These are just inquiring and not permits. If any business owner has any inquire about starting a business, please fill out a business inquire form and staff will get back to you as soon as possible. Please note that Zoning is Land use permit for allowing the use on said property and Business License is for finance or tax purposes. Occupancy and Operation is based on Zoning.
Long Range Planning:
Zoning, Subdivision and Building Ordinance – Staff are currently working on updates and revisions with QK. Staff had a meeting with QK this week to discuss the draft administrative draft for the zoning and subdivision ordinance. We are still continuing to move forward in regard to the types of uses and the permitting table.
Housing Element - Staff is working with Kings County for the updating of the Housing Element which is encompassed within the General Plan. The Housing Element is up for review and updating by HCD as per state regulations. The currently Housing element is a multi-jurisdictional document that include all the cities and unincorporated area. With the lack of staffing here at the city, staff determines that the county would take lead in updating and doing the RFP for a consultant to revise and update the element to meet state standards and requirements. The County has sent over a draft agreement between the city and county in regards of allowing the county to take lead. This agreement was sent to the City attorney for review and comments. Once the agreement has been finalized in regards of language, staff will bring it to council for approval and signature.
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 or resident has any questions, we are happy to help answer and show you how to submit online.
PLEASE NOTE: any new building permits being submitted now will need to comply with the new 2022 California Building Code. If they do not comply with new building regulations, they will be rejected and considered incomplete.
March 23, 2023 Pg. 57
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7 A. – 1
From January 2023 to March 2023, the city has already received over 55 electronic submissions of Building permits. We are still continuing to do Inspections on Monday, Wednesday and Thursday as schedule with our Willdan Inspector.
The Building Inspector Position is currently out for recruitment. I have created flyers and will be sending them out for posting as well. If you know anyone that meets the qualification or have any questions about it, please feel free to contact me. We have received some applications for the position and will continue to keep it open until the position is filled. Staff will be reviewing applications throughout the week.
Economic Development (CrissComm):
Monthly Report and Update from Economic Development Team CrissComm - Surplus Land Act – Notice of Availability was posted with HCD as per Section 50079 on March 1st, 2023. NOA will be posted for 60 days from the date of posting. (Last day of posting April 29, 2023).
Programs:
First Time Home Buyer Program – Flyer is available at City Hall. Ongoing program that is implemented by Self-help Enterprise on behalf of the city for any information please contact Self Help Enterprises.
Home Rehabilitation Program- Flyer are available at City Hall. Ongoing program that is implemented by Self-help Enterprise on behalf of the city for any information please contact Self Help Enterprises.
Accessory Dwelling Unit (ADU) Program - Flyer are available at City Hall. Brand New Program that is implemented by Self-help Enterprise on behalf of the city. Prior to Speaking to Self-help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your property is eligible for an ADU and of a Zoning land use permit is required prior to implementation.
March 23, 2023 Pg. 58
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
March 30, 2023
Organizational Priorities
I. Leadership Stability
• Attended California Police Chief’s conference in Monterey. o Attended Police Officer Memorial Ceremony.
o Met with Milo police simulator vendor to establish plan to train officers to use Avenal PD system. o Met with Security Lines USA to establish plan to fix current City of Avenal cameras. o Viewed body camera vendors, including Axon. Axon will follow up with a visit to Avenal PD and provide a more cost-effective plan to replace our aging body cameras. o Attended small agency Police Chief meeting.
• Hosted and spoke at Sergeants Meeting, which included a presentation by Kings County SWAT II. Recruit and Retain the best
• Participated in oral board interviews for potential police officers. • Spoke at Officer/Community Service Officer swearing-in ceremony.
III. International Model of Community Trust
• Virtual presentation for Fresno State class on Police/Community Trust • Attended and Presented at the Citizens Police Academy graduation – 11 graduates • Attended Rotary Meeting
• Met with several community members outside Circle K
• Hosted Grand Jury Police Department Headquarter tour
• Attended several Block Party planning sessions, led by Anna Nieto and Officer Mariano Sanchez • Attended our second successful Block Party, at Corcoran and Whitney IV. Amongst the safest cities in America
• Attending meeting to establish plan to fix current cameras, and possibly expand the system. • Attended Proposition 56 tobacco grant training webinar. • Helped establish a Gang Suppression Detail as a response to three shootings over the course of two days- led by Acting Sergeant Roldan Deleon.
• Coordinated with Kings County SWAT and Sergeant Stryd on multiple search warrants operation. Two suspects arrested on felony charges related to recent shootings. • Attended Virtual Kings County Hazard Mitigation Planning meeting. • Attended Virtual Kings County Homeless Collaborative meeting.
V. Embrace wellness amongst our employees
• Received recognition from Sierra Educational Research Institute for contributions related to First Responder Wellness.
• Attended CPCA Executive Peer Support virtual training. • Presentation to City of Avenal employees on Wellness.
March 23, 2023 Pg. 59
The CrisCom Company –
City of Avenal Update
March, 2023
Legislative Update
The CrisCom Company has spoken with City Manager Antony Lopez regarding the City’s Legislative requests which have been submitted to Senator Melissa Hurtado and Assemblymember Devon Mathis. CrisCom was in Sacramento on March 6 as well as March 20, to continue working with both offices. We are continuing to work diligently to have these requests included in the state budget. CrisCom will be in Washington, DC on March 27 and 28 to work on Federal funding as well.
See the attached California Legislative Calendar as well as pending Legislation of Interest.
Economic Development Update:
CrisCom continues to reach out to our list of over 120 venues consisting of stores, restaurants, etc. We are reaching out to those venues who will be at the International Conference of Shopping Centers (ICSC), which we plan to attend on Avenal’s behalf from May 21 to 23, 2023. As stated in our previous report, this will be at no additional cost to the City. We have been providing said venues with pertinent information regarding the demographics and logistics of Avenal, as well as potential property sites that are available.
Currently there are three national food chains that are interested in Avenal as a new location for their brand, and are researching the viability of such. Avenal is gaining a lot of interest and attention, which is why it is so important that we continue to monitor images on Google to ensure that Avenal is always shown in the most positive light. Potential developers are looking into our city, and we are very excited about these potential prospects. We are still on the lookout for potential management for the sports park, as well as a new water park.
Grant Writing Update:
We have forwarded the following grant opportunities to City staff and are awaiting to hear back with any potential projects:
T-Mobile Hometown Grant - Due March 31st
Purpose: This grant works to help build stronger, more prosperous small towns and rural communities with up to $50,000 each.
Body-worn Camera Policy and Implementation Program to Support Law Enforcement Agencies - Due April 4th
Purpose: For agencies that primarily intend to initiate, pilot, or expand a BWC program through purchasing or leasing BWCs.
Clean Mobility Options Pilot Program - Due April 5th
Purpose: Provides vouchers worth up to $1,500,000 each to help communities to develop and launch zero-emission mobility projects, such as bike-sharing and rideon-demand services, that fill a community's transportation gaps and provide access to key destinations.
Low or No Emission and Grants for Buses and Bus Facilities Competitive Programs - Due April 13th
Purpose: The Low or No Emission (Low-No) Program helps transit agencies buy or lease U.S.-built zero-emission and low-emission transit buses, charging equipment, and supporting facilities; The Grants for Buses and Bus Facilities Program supports transit agencies in purchasing and rehabilitating buses, vans, and related equipment and building bus facilities.
Organics Grant Program - Due April 20th
Purpose: To further the objectives of the California Global Warming Solutions Act (AB 32) and lower overall greenhouse gas (GHG) emissions by expanding existing capacity or establishing new facilities in California to reduce the amount of California-generated green materials, food materials or alternative daily cover (ADC) being sent to landfills.
COPS Hiring Grant through the DOJ Due May 4 & 11
Purpose: The Fiscal Year 2023 COPS Hiring Program (CHP) is a competitive award program designed to provide funding directly to law enforcement agencies to hire and/or rehire additional career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts.
Anticipated outcomes of the CHP program awards include engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and increased capacity of agency to engage in community policing activities.
Transformative Climate Communities - Application Intention Form for Implementation Grants Due March 31st; Project Development & Planning Grants Due July 3rd Purpose: Fund community-led development and infrastructure projects that achieve environmental, health, and economic benefits in California's most disadvantaged communities.
2023 STATE LEGISLATIVE CALENDAR
Apr. 10 Legislature reconvenes from Spring recess (J.R. 51(a)(2)).
Apr. 28 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)).
May 5 Last day for policy committees to hear and report to the floor non-fiscal bills introduced in their house (J.R. 61(a)(3))
May 12 Last day for policy committees to meet prior to June 5 (J.R. 61(a)(4)).
May 19 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61(a)(5)). Last day for fiscal committees to meet prior to June 5 (J.R. 61(a)(6)).
May 30-June 2 Floor Session Only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61(a)(7)).
June 2 Last day for each house to pass bills introduced in that house (J.R. 61(a)(8)).
June 5 Committee meetings may resume (J.R. 61(a)(9)).
June 15 Budget must be passed by midnight (Art. IV, Sec. 12(c)(3)).
July 14 Last day for policy committees to meet and report bills (J.R. 61(a)(10)). Summer Recess begins upon adjournment of session provided Budget Bill has been passed (J.R. 51(a)(3)).
Aug. 14 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)) Sept. 1 Last day for fiscal committees to meet and report bills to Floor (J.R. 61(a)(11)).
Sept. 5-14 Floor session only. No committees, other than conference Sept. 8 Last day to amend on the floor (J.R. 61(a)(13)) Sept. 14 Last day for each house to pass bills (J.R. 61(a)(14)). Interim Study Recess begins at the end of this day’s session (J.R. 51(a)(4)).
PENDING LEGISLATION OF INTEREST – 2023 SESSION
Status:
AB 2 - Recycling: solar photovoltaic modules. (Ward)
This bill would require manufacturers of solar photovoltaic panels to develop an end-of-life management plan for the recycling and management of the panels and their components. The plan must be submitted to and approved by the Department of Resources Recycling and Recovery, and manufacturers must report annually
on their implementation of the plan. The bill would also require the department to provide guidelines for developing an end-of-life management plan and adopt regulations for implementation.
Status: From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M.
Read second time and amended. 3/16/23
AB 33 - Fentanyl Addiction and Overdose Prevention Task Force. (Bains) The California Uniform Controlled Substances Act restricts the use of controlled substances, including fentanyl, and provides for imprisonment for violations. This bill establishes the Fentanyl Addiction and Overdose Prevention Task Force, which will be co-chaired by the Attorney General and Surgeon General, to collect and analyze data on fentanyl abuse and evaluate approaches to increase public awareness. The task force is required to submit interim and final reports with findings and recommendations to the Attorney General, Governor, and Legislature, and the provisions of the bill will be repealed on January 1, 2026.
Status: Re-referred to Com. on HEALTH. 3/13/23
AB 84 - Property tax: welfare exemption: affordable housing. (Ward) The California Legislature has introduced a bill that would expand property tax exemptions for nonprofit organizations that provide low-income housing. The existing property tax law allows for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes that is owned or operated by certain nonprofit entities, including those providing rental housing for lower-income households. This bill would extend the partial exemption to property acquired, rehabilitated, developed, or operated with financing from qualified 501(c)(3) bonds. Additionally, the bill would remove the requirement that eligible owners receive low-income housing tax credits and instead require that units designated for lower-income households have rent restrictions. The bill also requires an affidavit with specified information for the exemption claim and provides that the affidavit is not subject to public disclosure. Local tax officials' duties would be expanded, and perjury would become a more severe crime due to the affidavit's requirements. The bill includes findings and imposes a state-mandated local program, but it would not require reimbursement for property tax revenues lost by local agencies.
Status: Re-referred to Com. on H. & C.D. 3/8/23
AB 519 – Affordable housing: consolidated funding application process. (Schiavo) The Department of Housing and Community Development in California is responsible for promoting affordable housing in the state. This new bill requires the department to establish a workgroup that will create a consolidated application for obtaining financing for affordable housing projects and develop a coordinated review process for the application. The workgroup must include representatives from various agencies and identify a lead agency by October 1, 2024, to receive and process the application according to specified procedures.
Status: Referred to Com. on H. & C.D. 2/17/23
AB 550 - Homelessness: public hearings (Schiavo)
Under existing law, a validated census of a county or district may be taken, and a housing element is required to identify the housing needs of all economic segments of the community. This bill requires cities, counties, and city and county to conduct an annual point-in-time count of homeless persons, hold a public hearing to present the data gathered, and develop a plan to reduce homelessness within their jurisdiction. The bill also imposes a state-mandated local program and provides for reimbursement for costs mandated by the state.
Status: Re-referred to Com. on L. GOV. 3/6/23
AB 799 - Homeless Housing, Assistance, and Prevention program: Homelessness Accountability Act. (Rivas, Friedman, Wart, and Wilson)
The Homelessness Accountability Act would revise the existing Homeless Housing, Assistance, and Prevention program to provide ongoing grant funds for local capacity expansion and regional coordination to address
homelessness. The bill would require the Homeless Coordinating and Financing Council to establish statewide goals based on data and provide technical support to applicants for funding. It would also establish a 5th round of funding with specific program requirements, including local landscape data and analysis and outcome goals. Recipients must submit annual reports and meet outcome goals, or face a corrective action plan and reallocation of funds. The bill includes legislative findings to protect the public's right of access to public meetings and writings.
Status: Referred to Com. on H. & C.D. 2/23/23
AB 1034 - Law enforcement: facial recognition and other biometric surveillance. (Wilson) This bill prohibits law enforcement agencies and officers from installing, activating, or using biometric surveillance systems in connection with officer cameras or data collected by them. It authorizes individuals to seek legal action against agencies or officers that violate this prohibition. The provisions of the bill will be repealed on January 1, 2034.
Status: From printer. May be heard in committee March 20. 3/6/23 AB 1532 - Office Conversion Projects (Haney)
The Planning and Zoning Law requires counties and cities to adopt a comprehensive general plan that includes a housing element. Supportive housing is permitted in zones where multifamily and mixed uses are allowed, with a plan for providing supportive services and meeting specified criteria. The California Environmental Quality Act (CEQA) requires an environmental impact report for projects that may have a significant effect on the environment, but not for ministerial projects. This bill would make office conversion projects a use by right in all areas, regardless of zoning, as long as certain requirements are met. It would also exempt office conversion projects from certain impact fees and allow for payment of fees over a 10-year period. The Department of Housing and Community Development would establish a program to award funding to eligible office conversion projects. The bill would require reimbursement for costs mandated by the state.
Status: From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W.
Read second time and amended. 3/6/23
AB 1637 - Local government: internet websites and email addresses. (Irwin) This bill requires local agencies in California to use a ".gov" or ".ca.gov" domain for their public websites and email addresses by January 1, 2025, and to redirect noncompliant websites to a compliant domain. The bill also imposes a state-mandated local program by adding to the duties of local officials. It applies to all cities, including charter cities, and does not require reimbursement.
Status: From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. 3/16/23
AB 1648 – Disaster Preparedness: Local Government: Animal Natural Disaster Evacuation Plan. (Maienschein)
This measure requires a city or county that requires a kennel license or permit to operate a kennel within its jurisdiction to require, as a condition for obtaining the license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan.
Status: Re-referred to Com. on PUB. S. 3/6/23
ACA 1 - Local government financing: affordable housing and public infrastructure: voter approval. (Aguiar-Curry)
The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax
to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements.
Status: From printer. May be heard in committee January 5.
SB 4 – Planning and zoning: housing development: higher education institutions and religious institutions. (Wiener)
This bill relates to planning and zoning for housing development in higher education and religious institutions.
The bill requires that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval on any land owned by an independent institution of higher education or religious institution before January 1, 2024, if the development satisfies specified criteria. The bill specifies that 100% of the units in the housing development project eligible for approval as a use by right under these provisions should be affordable to lower income households, except for 20% of the units for moderate-income households, and 5% for staff of the independent institution or religious institution that owns the land. The bill allows ancillary uses on the ground floor of the development, and the development is also eligible for a density bonus or other incentives or concessions. The California Environmental Quality Act exemption for ministerial approval of projects is expanded by this bill.
Status: Set for hearing March 21.
SB 30 – Transportation: zero-emission vehicle signage. (Umberg) This bill would require the Department of Transportation, GO-Biz, and the State Energy Resources Conservation and Development Commission to create signage for zero-emission vehicle charging and fueling stations to be placed along state highways based on charger or fueling type and vehicle compatibility. The goal is to increase consumer confidence in locating electric vehicle chargers and hydrogen fueling stations.
The bill would also authorize the department to adopt regulations for these purposes.
Status: Re-referred to Com. on TRANS. 3/8/23
SB 37 – Older Adults and Adults with Disabilities Housing Stability Act. (Caballero) This bill builds upon existing laws to create the Older Adults and Adults with Disabilities Housing Stability Program. The Department of Housing and Community Development will administer the program and provide competitive grants to nonprofit community-based organizations, public housing authorities, and area agencies on aging to offer a housing subsidy program for older adults and adults with disabilities who are homeless or at risk of homelessness. The program guidelines will prioritize communities where a higher proportion of renters face severe rental cost burden. The Older Adults and Adults with Disabilities Housing Stability Fund will be created to allocate funds to eligible recipients until December 31, 2028. Grant funds must be used for specified activities, including housing subsidies and relocation costs. The department will conduct oversight activities, including reporting requirements and contracting an independent evaluator to conduct an interim evaluation of program outcomes and a final report.
Status: Set for hearing March 21.
SB 251 – Political Reform Act of 1974: elected officers: conflicts of interest (Newman) This bill, SB 251, seeks to amend the Political Reform Act of 1974, which regulates conflicts of interest of public officials in California. Specifically, the bill would prohibit elected officers from being employed by any other elected officer with the same constituency, with the exception of those who were already employed before December 31, 2023. The bill does not apply to statewide elected officers. By expanding the scope of the existing law, the bill would impose a state-mandated local program. However, the bill specifies that no reimbursement is required by the state for a specified reason. The Political Reform Act of 1974 allows the
Legislature to amend the act to further its purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements. The bill declares that it furthers the purposes of the act.
Status: From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A. 3/8/23
SB 329 – Cities: city council members: compensation. (Dodd) Existing law allows a city council to establish a salary for its members based on the city's population, with a cap on how much the salary can be increased each year. This bill would allow a city council to adjust the salary based on inflation since January 1, 1984, using the California Consumer Price Index, and remove the prohibition on enacting or amending an ordinance to provide automatic future increases in salary.
Status: Referred to Com. on GOV. & F. 2/15/23
SB 721 – Special taxes: vacant land. (Becker)
The California Constitution requires 2/3 approval of voters for a special tax by a city, county, or special district.
A charter city has the authority to levy local taxes, subject to restrictions imposed by the city's charter or preemption in matters of statewide concern. This bill specifies that a special tax includes a tax on vacant sites suitable for residential development, as identified in a county's or city's long-term general plan.
Status: Referred to Com. on GOV. & F. 3/1/21
SB 796 – Threats. (Alvarado-Gil and Rubio)
This bill expands the existing law that makes it a crime to willfully threaten to commit a crime resulting in death or bodily injury to another person. It criminalizes threats made against a particular location or event. As a result, this bill would create a state-mandated local program. The bill states that no reimbursement is required by this act for a specified reason.
Status: Referred to Com. on PUB S. 3/1/23
####
For more information please contact:
John Basmajian | The CrisCom Company
[email protected]
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 23, 2023
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. By extending the emergency declaration, USBR and the community are reminded that the City takes water conservation and the drought seriously and taking all possible measures to curb water waste.
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.
As of March, the Bureau announced that most South of the Delta water systems would receive 75% of its historic allocation. For Avenal that is roughly 1,860 ac. ft. of 2,480 historical. This is 540 short of the complete historical allocation, but Staff believes the City will need to request at least 300 ac. ft. extra to meet this year’s needs. If this cold weather and rain continues, this will certainly help stretch out the allocation.
Likewise, the Bureau announced the possibility of Section 215 Water, or “temporary water supplies.” Staff requested more information on if the City would be eligible for this water source, and were sent a contract for the City’s consideration.
“Section 215 of the Reclamation Reform Act, Public Law 97-293, authorizes Reclamation to provide 215 contracts for Section 215 water as a result of (1) an unusually large water supply not otherwise storable for Project purposes; or (2) infrequent and otherwise unmanaged flood flows of short duration.”
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
March 23, 2023 Pg. 60
KCBH Avenal Activities – March 2023 Update
• As of today, 36 people who reside in Avenal are engaged in adult mental health treatment with Kings View.
This is an increase of 3 people from February. Ongoing services at the Avenal Public Health Clinic are being offered to all Avenal residents by their therapist and the appointment scheduler. Between January and early February, 27 in person appointments were scheduled at the Public Health Clinic. Updated data for March is forthcoming.
• As of today, 68 children and youth who reside in Avenal are engaging in mental health treatment through KIND. This is an increase of 18 youth from February. Of the 68, 28 are receiving care in the community of Avenal at their homes, in schools and even at a city park. All youth who are in treatment, and their families, are offered the opportunity to engage in services at the location of their choice, including in Avenal, over telehealth or in Hanford. Kings County Behavioral Health is partnering with the Family Engagement Center in order children’s treatment services to be able to take place at this location also. KCBH has a follow-up meeting at the Family Engagement Center on Monday, March 27th. • Kings County Behavioral Health along with it’s contracted providers who serve children, Aspiranet, California Health Collaborative, KIND and WestCare, met with Reef Sunset Unified School District staff on February 27th in order to work collaboratively with scheduling of on campus services in order to establish a consistent schedule.
• There is one-time funding for technology to be able to potentially locate digital signage in Avenal to better promote services in a more visible manner. Dr. Lewis is working with staff at Reef Sunset Unified School District to identify a location for the signage.
• Kings County Behavioral Health participated in Avenal community events and disseminated materials and promotional items. Over the last month and planned are the following:
o Attendance of the Avenal Community Night on Saturday, February 18th by Dr. Lewis o Distribution of flyers for access to treatment services on Tuesday, March 7th at City Hall, Veterans Hall, Adult School, High School, Middle & Elementary Schools (in lobby and libraries), Police Department, Human Services Office, Family Education Center, Catholic Church, and the lobby of Villa Esperanza
o Scheduled attendance at the Avenal Block Party on Wednesday, March 22nd o Scheduled attendance at the Gear Up Health & Resource Fair on Saturday, March 25th • Kings County Behavioral Health’s school-based prevention services, the California Health Collaborative, has provided the following in Avenal since reporting in January:
o On January 25th, 28 school staff participated in the part 2 in-service training at Avenal Elementary School. The in-service training informed school staff on the impact of ACEs and toxic stress on students, trauma-sensitive strategies to support self-regulation, and the importance of self-care to prevent and address staff burnout and compassion fatigue.
o On February 1st, CHC staff began providing Mindful Schools Curriculum to the students at Sunrise High School. o On February 7th, CHC staff began providing Coping and Support Training (CAST) Curriculum to Community Day School students, and shortly thereafter transitioned to the Mindful School Curriculum per staff and student request.