Agenda — City Council/Successor Agency/Public Finance Authority, July 11, 2024

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JULY 11, 2024; 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: FY 2024-2025 Budget Hearing Workshop at 4:00 p.m.

LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2024-29
(SA) LAST RESOLUTION: 2023-02 PFA LAST RESOLUTION: 2023-01 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

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

CITY CLERK:

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

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

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

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

Consider Public Employee Performance Evaluation for the Position of: City Manager B. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: City Employees Bargaining Units 1-5.

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

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

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

Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment.

D. Pending Litigation (Government Code § 54956.9).

Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)).

1. Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal (Kings County Superior Court, Case No. 24CU0071)

2. Parties, case/claim no: Jesus A. Mendez, v. City of Avenal (Kings County Superior Court, Case No. 24CU0108)

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

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

5. CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for June 26 & 27, 2024.

B. Consider Approval to Purchase One (1) Digital Poster Board for Skyline Park (SR269/Hydril Road), with accompanying MOU with Reef-Sunset Unified School District (Discussion/Action).

C. Consider Approval for Out of State Travel Requests to California Rural Water Association Expo, and TriState Seminar.

D. Consider Approval for Notice of Completion: South Seventh Avenue Road Project.

E. Consider Approval for Notice of Completion: 18" Water Transmission Pipeline Project F. Consider Approval for Notice of Completion: ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project
July 11, 2024 Pg. 1

6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor.
a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers

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

3. Recreation Department Activity Report: Anna Lara, Community Activities Senior Leader B. Special Presentations/Reports:
a. California Health Collaborative: Engaging Avenal Youth in Tobacco Prevention - Muriel Gobea, Program Manager Kings County Tobacco Control Program

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

A. Consider Designation of Voting Delegates and Alternates to League of California Cities Annual Conference & Expo - October 16-18, 2024, Long Beach, CA. (Discussion/Action).

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

A. Consider Proposed City of Avenal Fiscal Year (FY) 2024/2025 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2024/2025 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2024/2025 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

9. OLD BUSINESS:

A. None

10. NEW BUSINESS:

A. Consider Ordinance 2024-01 and Resolution 2024-3x: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules (Discussion/Action)

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, July 8, 2024.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk July 11, 2024 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 11 DE JULIO DE 2024; 5:15 P.M.

TEATRO Y CENTRO DE EVENTOS AVENAL, 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 utilizando el ID de reunión 872 4344 0488 para unirse.

Sesión de Estudio: Taller de Presupuesto para el Año Fiscal 2024-2025 a las 4:00 p.m.

ÚLTIMA ORDENANZA: 2022-06 ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2024-29 (SA) ÚLTIMA RESOLUCIÓN: 2023-02 ÚLTIMA RESOLUCIÓN DE PFA: 2023-01 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE NOMINAL: 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 ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por ser miembros de la Agencia Sucesora.

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

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

A. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para el Puesto de: Administrador de la ciudad
B. Conferencia con el (los) negociador(es) laboral(es) (Código de Gobierno § 54957.6).

Es la intención de este órgano rector reunirse en sesión cerrada para examinar su posición e instruir a sus representantes designados para: Representantes designados: Unidades de Negociación de Empleados de la Ciudad 1-5.

C. Conferencia con el (los) Negociador(es) de Bienes Raíces (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 raíces con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera:

Descripción de la propiedad: APN: 040-320-009-000; y 040-320-014-000 Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad.

Parte con la que se negocia: Empresa CrisCom. Instrucciones al negociador relativas a: Condiciones de pago.

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

Conferencia con asesor legal – LITIGIOS EXISTENTES (Código de Gobierno § 54956.9(d)(1)).

1. Partes, caso/reclamación n.º: Ross Family Properties, LLC, v. City of Avenal (Tribunal Superior del Condado de Kings, Caso n.º 24CU0071)

2. Partes, caso/demanda No: Jesús A. Méndez, v. Ciudad de Avenal (Tribunal Superior del Condado de Kings, Caso No. 24CU0108)

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

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

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son de rutina o solo para aprobación y se promulgan mediante una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal/Agencia Sucesora para el 26 y 27 de junio de 2024.

B. Considere la aprobación para comprar una (1) cartulina digital para Skyline Park (SR269/Hydril Road), con el memorando de entendimiento adjunto con el Distrito Escolar Unificado de Reef-Sunset (discusión/acción).

C. Considere la aprobación de solicitudes de viaje fuera del estado para la Exposición de la Asociación de Agua Rural de California y el Seminario Triestatal.

D. Considere la aprobación para el Aviso de Finalización: Proyecto de la Carretera de la Séptima Avenida Sur. July 11, 2024 Pg. 3 E. Considere la aprobación para el aviso de finalización: Proyecto de tubería de transmisión de agua de 18" F. Considere la aprobación del Aviso de finalización para el proyecto ATPSB1L - 5424(010), Avenal Rutas Seguras a la Escuela SR 269

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

A. Informes de actividad:

1. Informe de Actividades de los Departamentos de Obras Públicas/Aplicación de Códigos/Control de Animales: Scott Davis,
Supervisor de Obras Públicas.
a. Informe de Actividad del Ingeniero de la Ciudad: Javier Andrade – A&M Consulting Engineers

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

3. Informe de Actividades del Departamento de Recreación: Anna Lara, Líder Senior de Actividades Comunitarias
B. Presentaciones/Informes Especiales:
a. California Health Collaborative: Involucrando a los jóvenes de Avenal en la prevención del tabaquismo - Muriel Gobea, Gerente del Programa de Control del Tabaco del Condado de Kings

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

A. Considerar la designación de delegados con derecho a voto y suplentes para la Conferencia y Exposición Anual de la Liga de Ciudades de California - 16-18 de octubre de 2024, Long Beach, CA. (Discusión/Acción).

8. AUDIENCIA(S) PÚBLICA(S): Audiencia conjunta de la agencia sucesora de la ciudad de Avenal, el Fondo de Obligaciones Fiduciarias RDA/Autoridad de Finanzas Públicas:

A. Considere el presupuesto de la ciudad propuesto para el año fiscal (FY) 2024/2025 de la ciudad / tarifas y cargos:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución (incluyendo Tarifas y Cargos).

Nota: Solicitudes de financiamiento incluidas en el año fiscal 2022/2023.

B. Considerar el presupuesto propuesto para el Fondo de Obligaciones de Deuda (FY) 2024/2025 de la Agencia sucesora de Avenal/RDA:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

C. Considerar el presupuesto propuesto de la Autoridad de Finanzas Públicas (PFA) para el año fiscal 2024/2025:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

9. NEGOCIO ANTIGUO:

A. Ninguno

10. NUEVOS NEGOCIOS:

A. Considerar la Ordenanza 2024-01 y la Resolución 2024-3X: Imponiendo un Impuesto Especial sobre Vacantes; y Enmienda/Adopción de nuevos Anexos del Impuesto de Ocupación Transitoria (TOT) y del Impuesto de Licencia Comercial (Discusión/Acción)

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES:

Cualquier miembro del Consejo podrá solicitar que un tema se incluya en un orden del día futuro, siempre que una mayoría simple también apoye la adición de dicho tema. Queda terminantemente prohibida la discusión o acción sobre cualquier tema que no esté en el orden del día actual. Los comentarios finales están destinados a que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial e información pertinente. • Próximos y futuros puntos del orden del día a tener en cuenta. • 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. Teatro y Centro de Eventos Avenal, 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 Title II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Concejo/Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina de [Secretarios Municipales] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que esta Agenda del taller del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento, 919 Skyline Blvd.; 3) Madera Avenal, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 8 de julio de 2024.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
July 11, 2024 Pg. 4
AGENDA ITEM NO. 5. – A.

CITY OF AVENAL

SPECIAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY JUNE 26, 2024; 5:30 P.M.

CITY HALL, 919 SKYLINE BOULEVARD, AVENAL, CA MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: Led by Mayor Preciado at 5:39 p.m.

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

STAFF PRESENT: Lopez, Ortiz, Price, Nevarez.

NEW BUSINESS:

A. Review Fiscal Year 2022/2023 and 2023/2024 – End Budget Revisions:

Antony Lopez, City Manager went over with End Budget Revision with the City Council.

B. Budget Workshop: Fiscal Year 2024/2025 Proposed Budget City Manager Lopez reviewed the Fiscal Year 2024/2025 Proposed Budget with Council.

C. Review of Workplace Violence Prevention Plan:

Robert Nevarez, Director of Public Safety/Assistant Chief of Police reviewed the Workplace Prevention Plan with the City Council. Staff is looking forward to implementing it by July 1, 2024.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reminded everyone about the Independence Celebration, Public Works has put a lot of work at the Sports Complex and no study session tomorrow.

ADJOURNMENT.

There being no further business, the City Council meeting was adjourned at 7:55 p.m.

Respectfully Submitted,
Maria Ortiz, City Clerk
July 11, 2024 Pg. 5

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JUNE 27, 2024, 5:15 P.M.

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

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

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:21 p.m.

ROLL CALL: Councilman Lou Gravelle, Pablo Hernandez, Ricardo Verdugo, Mayor Alvaro Preciado.

ABSENT: Councilman Alejandro Ramirez.

STAFF: Lopez, Price, Bermudez, Davis, Velasco, Nevarez, Davis, William.

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 $430.00 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 5:22 p.m.

CLOSED SESSION: (City/Successor Agency):

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

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

Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment A. Pending Litigation (Government Code § 54956.9).

Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)).

1. Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal (Kings County Superior Court, Case No. 24CU0071).

2. Parties, case/claim no: Jesus A. Mendez, v. City of Avenal (Kings County Superior Court, Case No. 24CU0108)
Mayor Preciado reopened meeting at 6:14 p.m. with nothing to report. Mayor Preciado appointed Griselda Price as City Clerk for this City Council meeting.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Salvador Flores, Fire Chief reported the following: 1) Fire Works camping – Safety; and fines with jail time.

Anna Lara introduced Summer Community Activities Staff: 1) Edgar Garcia; 2) Cynthia Nieto; and 3) Caeleb Vargas.

Director of Administrative Services introduced new staff: 1) Temporary HR Assistant: Natalee Lomeli; and 2) Temporary Office Clerk Assistant: Emily López.

AGENDA ITEM NO. 5. – A.

July 11, 2024 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – June 27, 2024

Page 2 of 5 ends

Antony Lopez, City Manager introduces Summer Interns: Nohemi Barrios, Karla Curiel, Grace Resendez, & Bryanna Padilla. All happy to work for the City of Avenal and learn as much as possible.

CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for June 13, 2024.

B. Consider Authorizing Adoption of Workplace Violence Prevention Plan.

Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, seconded by Councilman/Successor Agency Member Gravelle, and motion carried.

AYES: Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS& COMMITTEE REPORTS:

A. Activity Reports:

1. Police Department Activity Report: Cecilio Velasco, Chief of Police.

Cecilio Velasco, Chief of Police reported the following: 1) Avenal Police Department announces the return of Police Explore; 2) Leadership Stability; 3) Recruit and Retain the Best; 4) International Model of Community Trust; 5) Amongst the Safest Cities in America; and 6) Embrace Wellness Among our Employees.

2. Community Development Activity Report: Karl Schoettler, Contract City Planner, 4Creeks Kelsey, City Planning Consultants reported the following: 1) Provided review on the site plan submitted for Amigo Market, requesting additional information; 2) Researched and provided cumulative projects list to identity development projects for environmental review for a Fresno County Project – the project is adjacent to Avenal and the consultant is incorporating Avenal projects to assess overall cumulative environmental impacts as part of their analysis; 3) Review of a Conditional Use Permit for a second dwelling unit in the DC zone district; 4) Review and approve for planning compliance business licenses and temporary use permits; and 5) Response to miscellaneous public and staff inquiries planning and zoning issues.

3. Economic Development & Grant Writing Report: Emily Engelsgaard, Grants Manager, the CrisCom Company.

Antony Lopez, City Manager reported the following: 1) 2024 State Legislative Calander is attached; 2) Pending Legislation of Interest – 2023-2024 Session; 3) Project Description.

B. Special Presentations/Reports: None.

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

A. None
PUBLIC HEARING(s):

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

City Manager Lopez reported the following: The Public Hearing Notice to consider the proposed City of Avenal's FY 2024/25 Budget; proposed Avenal Successor Agency/RDA Debt Obligation Fund FY 2024/25 Budget; and, proposed Public Financing Authority (PFA) FY 2024/25 Budget was duly noticed and posted for the City Council's June 27, 2024, Regular meeting. Any new proposed "Fees and Charges" were also noted in the Public Hearing Notice.

The Avenal City Council noticed and held one (1) FY 2024/25 Budget Workshops to review all departments/funds including fund revenues and fund expenditures with City Department Heads and Management Staff. As part of the review process and associated discussions, the following concerns were discussed: increase revenues due to inflation, and better than expected returns from Measure A, austerity from frugal spending by Staff. While all very positive, staff turnover and shortages also have contributed to the readiness of the budget by the June 30th deadline.

July 11, 2024 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – June 27, 2024

Page 3 of 5 ends

Staff recommend that the City, Successor Agency/RDA and Public Financing Authority are required to have adopted budgets in place by July 1, 2024. Due to delays as noted above, Staff is recommending the following: 1) continue the Public Hearing(s); 2) adopt FY 2024/25 Operating Budgets by Resolution (City, Successor Agency/RDA & Public Financing Authority); 3) continue monitoring activity that could affect the City's finances over the next few months; and, 4) resume review of the budgets during the first quarter of the fiscal year. Staff is requesting to adopt an operating budget, and have the final budget approved by July 11, 2024, the next regular City Council meeting.

A. Consider Proposed City of Avenal Fiscal Year (FY) 2024/2025 City Budget /Fees & Charges:
• Staff Report.
• Public Hearing.
• Discussion/Action: Approval by Resolution (including Fees & Charges).

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2024/2025 Budget:
• Staff Report.
• Public Hearing.
• Discussion/Action: Approval by Resolution.

C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2024/2025 Budget:
• Staff Report.
• Public Hearing.
• Discussion/Action: Approval by Resolution.

RESOLUTION 2024-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2024/2025 OPERATING BUDGET IN ORDER TO MEET PAYROLL AND OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2024/2025 CITY BUDGET IS ADOPTED. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez and motioned carried.

SA RESOLUTION 2024-01: A RESOLUTION OF THE AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2024-2025 OPERATING BUDGET IN ORDER TO MEET OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2024/2025 AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND BUDGET IS ADOPTED. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez and motioned carried.

PFA RESOLUTION 2024-01: A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2024-2025 OPERATING BUDGET IN ORDER TO MEET OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2024/2025 AVENAL PUBLIC FINANCING AUTHORITY BUDGET IS ADOPTED. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez and motioned carried.

Roll Call Vote
AYES: Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSTAIN: None.

ABSENT: Ramirez.

OLD BUSINESS:

A. None
NEW BUSINESS:

A. Consider Fiscal Year 2022/2023 and 2023/2024 – End Budget Revisions:

City Manager Lopez reported that as part of the auditing process, Staff must address and propose to the City Council fiscal budget year-end revisions which must be approved prior to June 30, 2024. Due to being short-staffed and catching up on audits, which should all be current by the end of the year, staff is still working between Central Square (all revenues) and July 11, 2024 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – June 27, 2024

Page 4 of 5 ends

OpenGov (all expenses). We appreciate the Council’s patience. At the budget workshop on June 26, the Council reviewed all expenditures from FY’23 and FY’24 to May 31, 2024. The Council reviewed and is aware that revenues are moderately higher than expected, and staff expects some surplus. Staff needs more time to finalize 2024 with June numbers and to prepare the 2024 final budget.

City Manager Lopez continues that for the FY 2023/2024 budget, supply chain availability issues, inflation, major projects, and staff turnover have adversely affected many accounts in ways not previously foreseen. Additionally, a software glitch from Central Square for the accounts receivables end has caused delays in accurately accounting for revenues to the right accounts. Accordingly, staff will need additional time to reallocate budget amounts to reconcile revenues with expenditures.

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

Staff recommends that by motion, authorize the City Manager to utilize the department budgets in the best interest of the City, within the departments approved bottom line budgeted Fund amounts as per approved by the City Council, and further authorize the year-end Fiscal Year 2023/2024 budget revisions (revenues and revolving accounts) as needed and/or required after closure of Fiscal Year 2023/2024.

RESOLUTION 2024-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO AMEND THE CITY’S BUDGET FOR FY 2023-2024. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez and motioned carried.

Roll Call Vote
AYES: Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSTAIN: None.

ABSENT: Ramirez.

B. Consider Fiscal Year Appropriations Limits: (Discussion/Action).

Griselda Price, Director of Administrative Services reported that Article XIII B of the State of California Constitution places limits on the amount of revenue which can be spent by all entities of Government. To address the restrictions of the Article and increase the accountability of government entities in adopting their limits, voters approved Proposition Ill in June 1990.

Among other things, this Proposition provides new adjustment formulas which should make the Appropriation Limits more responsive to local growth issues. It also requires an annual review of Limit Calculations.

The City Council shall, each year by Resolution, establish an appropriations limit for the expenditure of so-called proceeds of taxes. The adoption of the Resolution must be at a regularly scheduled meeting of the City Council or at a noticed special meeting. The Fiscal Year 2024/2025 Appropriations Limit is $4,450,656.78 and the budget estimate of revenues from the proceeds of taxes is estimated to be less than $1,900,000.00. Since the City's estimated tax revenues are $(2,550,656.78) less than the limitations, it is safe to say we will not exceed our limit this year.

Staff recommends that the City Council establish the Appropriations Limit for Fiscal Year 2024/2025 by adopting the proposed resolution.

RESOLUTION 2024-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2024-25 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez and motioned carried.

Roll Call Vote
AYES: Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSTAIN: None.

ABSENT: Ramirez
July 11, 2024 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – June 27, 2024

Page 5 of 5 ends

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) all invited to the Independence Celebration with Drons and Fire Works at the Sports Complex. Also, give thanks to Public Works. Thanked the City Council for the patience.

Mayor Preciado reported the following: 1) attended many meetings and thanks the community for attending.

ADJOURNMENT:

Mayor Preciado report that with no further business the meeting was adjourned at 7:20 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
July 11, 2024 Pg. 10
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5.- B
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: July 10, 2024
RE: Consider Approval to Purchase One (1) Digital Poster Board for Skyline Park (SR269/Hydril Road), with accompanying MOU with Reef-Sunset Unified School District
BACKGROUND:

The City of Avenal received $100,000 from County Behavioral Health to fund the purchase and installation of digital signs aimed at promoting mental health awareness and substance use prevention. The first sign, located at Kings and Skyline, cost $37,875, leaving us with a remaining balance of $62,125 from the initial grant.

Proposal:

We propose moving forward with the purchase and installation of a 12’ x 14’ digital sign at Skyline Park from Golden Rule Signs. The total cost for this sign is $172,043. We have negotiated a Memorandum of Understanding (MOU) with the Reef-Sunset Unified School District (RSUSD), under which they will contribute $125,000 towards the cost of the sign. A draft of the MOU is attached, and RSUSD is awaiting legal approval but has agreed to the basic terms. The monthly electrical costs for this sign is estimated at $350-600/month. Staff will negotiate a fee with RSUSD Financial Impact:
• Remaining funds from the County Behavioral Health grant: $62,125 • Contribution from RSUSD (pending MOU finalization): $125,000 • Total funds available: $187,125
• Cost of the Golden Rule sign: $172,043
• Remaining balance after purchase: $15,082, for additional monuments with logos and names
Rationale:

Moving forward with this purchase is crucial as RSUSD is ready to assist financially and needs to spend down their funds promptly. Additionally, by partnering with the City, RSUSD avoids the complications of DSA regulations, making the process more efficient for them. Given that sign prices can fluctuate, it is recommended to proceed with the purchase to lock in the current quoted price and meet the funding deadlines.

Recommendation:

It is recommended that the City Council approve the purchase of the 12’ x 14’ digital sign from Golden Rule Signs and authorize the City Manager to finalize the MOU with RSUSD.

Attachments:

1. Draft MOU with RSUSD

2. Quotes from Golden Rule Signs, A-Plus Signs, and SignWorks July 11, 2024 Pg. 11

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

APPROVING THE PURCHASE AND

INSTALLATION OF A DIGITAL SIGN

AT SKYLINE PARK AND

AUTHORIZING THE CITY MANAGER

TO FINALIZE THE MEMORANDUM
OF UNDERSTANDING WITH REEFSUNSET UNIFIED SCHOOL DISTRICT RESOLUTION 2024-_17_
WHEREAS, the City of Avenal has received funding from County Behavioral Health to promote mental health awareness and substance use prevention; and WHEREAS, the City has a remaining balance of $62,125 from the initial grant after the purchase of the first sign; and
WHEREAS, the City seeks to install a second digital sign at Skyline Park, with a total cost of $172,043; and
WHEREAS, the Reef-Sunset Unified School District (RSUSD) has agreed to contribute $125,000 towards the cost of the sign, pending the finalization of a Memorandum of Understanding (MOU); and
WHEREAS, the partnership with RSUSD allows for efficient use of funds and encourages a fruitful relationship benefiting the community of Avenal.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON July 10, 2024, BY THE FOLLOWING VOTE:

July 11, 2024 Pg. 12

Page 2 of 2 ends

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. Finds that the foregoing recitals are true and correct.

2. The City Council approves the purchase and installation of a 12’ x 14’ digital sign at Skyline Park from Golden Rule Signs.

3. The City Council authorizes the City Manager to finalize and execute the MOU with RSUSD, incorporating the agreed-upon terms and subject to legal review.

4. The City Manager is authorized to take any additional actions necessary to complete the purchase and installation of the sign, including addressing any price fluctuations.

5. Authorizes the City Manager, City Clerk, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper, and/or convenient and/or incidental thereto. * * * * * * * * * * * * * * * * * *
July 11, 2024 Pg. 13
City of Avenal
6mm 700x600 - Full Color
July 11, 2024 Pg. 14
July 11, 2024 Pg. 15
VERSION #: R06242401

SIGN SPECIFICATIONS
Color: Full Color / RGB text, pictures & video
Pitch: 6mm
Matrix: 700x600
Dimensions: 14'-0" x 12'-0" (Tall x Wide)
Max # of Lines: -
Max Letter Per Line: -
Cabinet Size: 2'-6" x 12'-0" (Tall x Wide)
Cabinet PMS Color:

Powdercoat Color S1794018
PANTONE 286 C
See available powdercoat colors:
https://goldenrulesigns.com/grs-powder-coat
2’-6”
14’-0”
12’-0”
July 11, 2024 Pg. 16
1083 Brooks Industrial
Shelbyville KY 40065
Quote #7 Consultant: Kody Sutton
1-800-732-9886
[email protected]
Ceth Moore
City of Avenal
919 Skyline Blvd
Avenal, CA, 93204
Great Signs. Great Service. Great Prices. Date: 06-21-2024 Quote Items
EMC 6 mm 14' x 12' Double Sided Electronic Message Center with Side Vent Covers with Cellular Modem with Lifetime Data and Cloud based Software $135,030.00
Installation Framing and dual poles for Installation $3,000.00 Fabrication 30" x 144" Duracore Brick Monument Base $6,150.00 Installation Prevailing Wage Installation $17,000.00
Shipping Shipping $7,000.00
Site Survey Engineered Drawings $550.00
Fabrication ID Cabinet with monument clips for sign off E Kings St. 18" x 72 " $3,313.00 Total $172,043.00
Terms: Net 30 w/ P.O.

To begin the purchase process please sign and fax to 502-416-0544 or scan and e-mail to your Project Consultant.

X:_________________________________________________________ Date:________________________ By signing, Buyer acknowledges product specifications and pricing as well as Golden Rule Signs, LLC terms and conditions.

Applicable sales tax will be added to your invoice - exempt organizations must provide certificate.

Manufacturing lead time is 4-10 weeks depending on scope of work - confirm with your Project Manager.

Engineering, permit acquisition, permit fee and running electric are not included unless specifically stated in this quote. This quote is valid for 90 days.

July 11, 2024 Pg. 17
Golden Rule Signs, Terms and Conditions of Sale v5117

1.0 Basis of Sale: No variation to these Conditions shall be binding unless agreed in writing between authorized representatives of the Buyer & Seller. Additional, different or inconsistent terms or conditions proposed or received from Buyer, including without limitation, any additional, different or inconsistent terms or conditions in Buyer’s request for proposals or order, are hereby rejected and shall not be a part of the parties’ contract. Seller’s commencement of any work or delivery of any goods does not constitute acceptance of or consent to any additional, different or inconsistent terms. Changes in orders must be requested by Buyer in writing. No changes in orders or these terms and conditions shall be binding on Seller unless specifically agreed in a writing signed by Seller. Seller is not liable or responsible for any delays caused by Buyer’s changes in orders. Sales literature, price lists and other documents issued by Seller in relation to the Goods are subject to alteration by Seller without notice, do not constitute offers to sell the Goods which are capable of acceptance and do not constitute a part of this Contract unless the parties otherwise expressly agree in writing. Typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.0 Orders, Specifications & Permits: All specifications of the order, products, and services provided by the Seller shall be listed on the signed Purchase Order Contract including items such as shipping, installation, permitting, training, custom artwork and design. Items not listed on the POC are not included in the specifications of the Goods. Seller does not run electricity – this is a client responsibility. Buyer is responsible for ensuring their signed POC lists all items and their correct prices prior to signing. No order which has been accepted by the Seller may be canceled by the Buyer except with the agreement in writing of the Seller and with the understanding that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by the Seller because of cancellation. Permits for erecting the sign are the sole responsibility of the Buyer unless included as a line item in the order. The Seller may, at its option assist in providing drawings, sketches/renderings, or technical information. Permits are paid for at face value by the Buyer unless a sale price has already been assigned to them. Any required core samples, engineered drawings or additional certifications requested by the Buyer or the Buyer’s local government are the responsibility of the Buyer. Unless Seller is procuring permits as listed in the order agreement: If for any reason the local governing authorities (be it city or county zoning, permit, building inspections etc.) deny permit application, Buyer is conclusively responsible for all purchased equipment, services and products. If Seller is procuring permits and local governing authorities deny application; Buyer is only responsible for costs incurred. If Seller is to utilize an existing support structure when installing a sign, it is hereby known that Seller has no knowledge of the depth, size or integrity of the footer below grade or materials/methods used to construct the existing support structure. As such, Buyer agrees to hold Seller harmless and void of all liability as it relates to the existing support structure, including the footer.

3.0 Terms of Payment Payment to Seller is specified on the POC (Purchase Order Contract). In the event that Buyer is paying through installments, “due on or before” dates will be set forth on the POC. Any payments that are past due by 7 or more calendar days shall be assessed a $50 late fee. In addition, any payments that are past due by more than 30 calendar days shall bear interest at a rate equal to the lesser of (a) one and one-half percent (1.5%) per month or (b) the maximum permitted by law. Noncompliance with payment terms or any other failure by Buyer to observe, perform and be in compliance with the terms and conditions of this Contract, will be a breach of contract by the Buyer. In that event, (a) Seller may exercise all rights and remedies available to it at law or in equity, and title to the Goods shall revert to the Seller, and (b) the Buyer waives all rights to the Goods and services that were to be provided as well as monetary deposits given to the Seller. Upon Buyer’s breach of payment terms, Client reserves the right to repossess all equipment (installed or not).

4.0 Delivery: Title to all Goods and risk of loss passes to Buyer and Seller’s liability ceases upon making delivery of the Goods to the Buyer. The date of delivery of the Goods may vary due to the nature of manufacturing custom signage. Estimated delivery/installation dates are estimations. Seller shall be held harmless if the estimated delivery/installation date is exceeded. Buyer is responsible for any increased installation costs due to delays caused by Buyer (lack of access to site or personnel during planned visit, delivery or installation, undisclosed underground lines or unprepared site provisions). Buyer is solely responsible for any damage during shipping if Goods are being shipped directly to the Buyer and the damage is discovered after signing for and receiving the Goods. Buyer’s are advised to examine crate and Goods before accepting. This does not apply to projects where a GRS contracted installer is receiving Goods.

5.0 Assignment of Manufacturer’s Warranties: Seller hereby assigns to Buyer, to the extent assignable, all manufacturer’s warranties and service agreements with respect to the Goods, if any, for the purpose of making appropriate claims against the manufacturer, provided that the Seller shall retain at all times the right to be protected by these warranties, agreements and indemnities.

6.0 Legal: Buyer represents and warrants that it is duly authorized to enter into this Contract and that this Contract constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. It is the responsibility of the Buyer to ensure that this purchase and signing of this contract is compliant with the Buyers protocol and procedures. This contract shall be governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the Federal and and State courts located in Jefferson County, Kentucky regarding the interpretation and enforcement of this Contract and the transactions contemplated hereby and hereby waive and agree not to asset as a defense that it is not subject thereto or that any such action may not be brought or maintained in such courts or that such venue may not be appropriate or convenient. This Contract constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all other agreements, previous contracts for this signage, understandings, representations and warranties both oral and written with respect to such subject matter. In the event that GRS hires an attorney to represent it in any dispute in any way related to this Contract, Buyer expressly agrees to pay all legal fees and costs incurred by such attorney in such a matter. - END OF DOCUMENT -
July 11, 2024 Pg. 18
Estimate
SignWorks
109 E. 5th Street
Hanford, CA 93230
ph. (559) 583-1175
fax (559) 583-1824
email: [email protected]
City Of Avenal
Prepared For:
919 Skyline Blvd
Avenal, Ca 93204
Humberto Bermudez Estimate: No:

Date:

Terms:

Due Date
Salesperson:
34799
6/25/2024 8:29:20AM
(559) 212-8993
0 day(s) from order
ph: Brianna Garcia
fax:

Net 75
Description: LED Message Board for City Entrance - 6mm HB2-SMD type (3-in-1 LEDs) Dear Humberto:

Thank you for considering SignWorks for your sign needs.

If you have any questions, please don't hesitate to call me at 583-1175 >>> PLEASE CONTACT US SO WE CAN PROCEED WITH THIS ORDER, THANK YOU. <<< Sincerely,
Brianna Garcia
Sales Rep.

Qty Product Sides Size Unit Cost Install Item Total
1 LED Message Center * 1 144 x 168 $191,493.00 $0.00 $191,493.00 6mm LED Computer Controlled Message Center Display Unit. Display Size 11' 9 3/4" x 13' 7 13/16" x 5 3/8".

Two single face display mounted back to back on (2) 10 " square pipes.

Description
Notes:
* ESTIMATE DOES NOT INCLUDE PERMIT FEES.
* ESTIMATE DOES NOT INCLUDE RUNNING POWER TO SIGN LOCATION . * DOES NOT INCLUDE ENGINEERING FEE IF REQUIRED FOR PERMIT. * REQUIRES 50% DEPOSIT TO START JOB REMAINING BALANCE DUE BEFORE COMPLETION.

LED DISPLAY:

Cell Modem - 5 year part warranty + Lifetime Data > 50,000 pixels Pixel Pitch 6.667mm / Matrix 540 x 624 / RGB
ME Cloud software with lifetime subscription: INCLUDED
Line Item Total: $191,493.00
Tax Exempt Amt: $11,573.00
Subtotal: $191,493.00
Taxes: $13,044.20
Total: $204,537.20
Deposit Required: $102,268.60
Accepted By (signature required) Date
Fax Confirmation to (559) 583-1824
July 11, 2024 Pg. 19
July 11, 2024 Pg. 20
A-Plus Signs
4270 N Brawley Ave
Fresno, CA, 93722- USA
Phone: (559)-275-0700 Fax: (559)-275-7482
Quote Submitted To:

CITYOFA001
Humberto Bermudez
City of Avenal
919 Skyline Blvd
Avenal, CA 93204- USA
Phone: (559) 212-8993
Fax:

Email
Job Name and Location
City of Avenal
919 Skyline Blvd
Avenal, CA 93204- USA
Ext.
77-0554955
Quotation Number
033708
Quote Date
6/19/2024
Contact
GM
Quantity Description Unit Price Extended Price
C.O.D.

Payment Terms Page

Page 1 of 1 ends

$236,772.00
Manufacture and install double-sided monument sign with Optec 6mm 11'-10"t x 13'-8"w LED display board. Overall size 13'-8"W x 14'10"H.
***Sign to connect to existing customer supplied 120v power at sign location. 1 $236,772.00
$0.00
It is the responsibility of the client to make sure electrical power matching specific needs of the signage is brought to sign location before installation. A-Plus Signs can attempt to connect to an existing power source if it is at install site of sign location. If the existing power source is not adequate or accessible, client will be responsible for contracting with a licensed electrician and any associated costs.
1 $0.00
$750.00
City of Avenal sign permit fee to be billed at cost.
**COST TO BE ADDED TO INVOICE AFTER PERMIT HAS BEEN APPROVED BY THE CITY** 1 $750.00
$190.00
Staff time for permit procurement to be billed at rate of $95.00 per hour. **TO BE ADDED TO INVOICE AFTER PERMIT HAS BEEN APPROVED BY THE CITY** 2 $95.00
Signature___________________Date:________
_____ Prices valid for 30 days, BASED ON REASONABLE ACCESS. Street Closure and traffic control are not included. Price is subject to a complete survey. _____Standard installation during normal working hours of 8:00 am to 5:00 pm, Monday through Friday. _____Does not include additional costs incurred due to unforeseen obstructions or soil conditions; or permits and engineering. _____50% deposit required. 40% due upon completion of fabrication. 10% balance at time of install. A-Plus Signs retains the right of ownership of said signage until balance is paid in full. 1 year warranty. (See warranty for full warranty details). _____ Price does not include any special inspections that may be required; including any required engineering. _____Production lead time begins when final art is approved, and city permit has been procuredPlease allow 10-12 weeks depending upon product availability. _____It is the responsibility of client to make sure electrical power matching specific needs of the signage be brought to sign location. _____Prices stated are the cash discount price which is offered for all customers who opto to pay with cash, check or money order. Credit card sales for purchases over $5,000.00 are billed at a standard rate which is 3.5% above the stated price for payments made via Visa card, MasterCard or Discover card. Customers choosing to pay with an American Express will be subject to a 4% increase.

Total: $243,560.27
Misc $0.00
Freight: $0.00
SalesTax: $5,848.27
NonTaxable: $940.00
City of Avenal
Thank You
Taxable: $236,772.00
For:

July 11, 2024 Pg. 21
July 11, 2024 Pg. 22

MEMORANDUM OF UNDERSTANDING
Between
City of Avenal
and
Reef-Sunset Unified School District
Regarding the Installation and Operation of a Digital Sign at Skyline Park Purpose:

This Memorandum of Understanding (MOU) outlines the roles, responsibilities, and cost-sharing agreements between the City of Avenal (hereinafter referred to as "City") and the Reef-Sunset Unified School District (hereinafter referred to as "RSUSD") concerning the installation, maintenance, and operation of a digital sign at Skyline Park, located at the corner of SR 269 (Skyline Blvd) and Hydril Road (Skyline Park).

Background:

The City has received funding for the purchase and installation of two digital signs to promote mental health awareness and substance use prevention. One of these signs will be located at Skyline Park. The City is entering into a separate agreement with RSUSD to manage and share the costs and benefits of the sign.

Terms of Agreement:

1. Cost Sharing:

RSUSD agrees to pay the City $125,000 to assist with the costs of purchasing the sign, construction and management.

The City will cover the remaining $55,000, totaling the quoted $180,000 for the project.

2. Access and Control:

RSUSD will have access and control over 50% of the viewing time of the sign.

In the event of any conflict with the existing MOU with Kings County Behavioral Health, RSUSD will be allocated the City's 50% viewing time.

Both RSUSD and the City's designated administrator (IT Manager) will have access to manage the sign's system.

3. Duration:

This agreement spans the life of the sign, no less than 10 years, even past its useful life if the sign is still operational. It will serve as the basis for any future agreements or potential replacement signs, regardless of changes in City or RSUSD administration.

July 11, 2024 Pg. 23

4. Operational Costs:

The City will pay for the electricity and other small ongoing use costs for the sign. After five years, the City and RSUSD will discuss a potential monthly fee to help share electricity costs if it becomes a burden on the City.

5. Maintenance and Repairs:

The City and RSUSD will share the costs of any major repairs or maintenance above $500.

6. Content Management:

RSUSD will not be restricted in any way regarding the content they wish to display on the sign.

7. Future Agreements and Legal Consultation:

This MOU serves as a basic framework for the collaboration between the City and RSUSD. Future agreements may be created after input from legal counsel. Both entities agree to move forward in this fashion, pending ratification from their respective boards, and to continue working on this agreement accordingly.

8. Fruitful Relationship:

Both parties agree to maintain open communication and cooperation to ensure the successful implementation and ongoing operation of the sign. Any future agreements or modifications to this MOU will be discussed and agreed upon by both parties, mutually, and in writing.

Signatories:

City of Avenal:
__________________________________________________
Antony V. López, City Manager
City of Avenal
Date: _____________________
Reef-Sunset Unified School District:
__________________________________________________
Juan Ruiz, Superintendent
Reef-Sunset Unified School District
Date: _____________________
July 11, 2024 Pg. 24
Memorandum
TO: The Honorable Mayor and City Council members
From: Antony V. Lopez, City Manager
Prepared by: Ronald Brumley
Date: July 3, 2024
RE: Consider Approval for Out of State Travel Requests to California Rural Water Association Expo, and TriState Seminar – 2024 and 2025 Information:

Two employees from public works and two from utilities would like to attend two out of state water/wastewater conferences (operators will rotate annually if approved). The California Rural Water Association Expo, held in Lake Tahoe, Nevada in April 2025 and the 39th Annual Tri-State Seminar which will be held in Las Vegas, Nevada August 5-8th, 2024. These conferences will enable us to attend a variety of sessions that are directly applicable to our work and will allow us to network with a variety of experts and colleagues form the tri state area. Many of the presentations are tailored to the water and wastewater profession which will allow us to gain knowledge and understanding about how we can improve our processes and water quality. We will also earn valuable contact hours to keep our certifications current.

The presentations are facilitated by both industry experts and water and wastewater colleagues who have faced similar challenges and are familiar with the industry. Getting the information in a conference format will greatly reduce time and costs that would normally incur in researching the topics.

With our current water quality issues, I feel this would be beneficial. We would be able to get more information on the current technologies available and firsthand experiences from other operators experiencing similar problems.

Here is an estimated cost breakdown of what each conference would cost:

California Rural Water Association EXPO:

Registration- $575 for members per person (estimate from 2024) Hotel- $475 for 4 nights per person (estimate from 2024) Per Diem- $134 for 5 days Breakfast and lunch provided Tuesday, Wednesday and Thursday Travel- $300/fuel & parking for all. 2 cars, $75 per person (estimate) Total- $1259, (estimate) per person
Anticipated 2024/25 budget in 15.15100-661 is $3,000, Public works 14.14100/661 $6,000.00 Tri-State Seminar
Registration- $99 for members per person (estimate from 2023) Hotel- $475 for 4 nights
Per Diem- $221 for 5 days
Travel- $200/fuel for all. 2 cars, $50 per person (estimate) parking free Total- $845 (Estimate) per person
Anticipated 2024/25 budget in 14.14000-661 is $3,500.00, Public works anticipated budget for 2024/25 is $6,000 RECOMMENDATION:

By motion, approve authorizing the out of state travel for four employees to the designated conferences.

July 11, 2024 Pg. 25
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
TO: The Honorable Mayor and City Council
FROM: Antony V. Lopez, City Manager
DATE: July 11 2024
RE: Notice of Completion South Seventh Avenue Road Project INFORMATION:

The South Seventh Avenue Road Project was completed on June 9th, 2024, by Central Valley Asphalt.

RECOMMENDATION:

By Resolution, authorize the City Manager to sign and file the Notice of Completion on said project.
“Pistachio Capital of the World®”
AGENDA ITEM NO. 5 - D
.

July 11, 2024 Pg. 26

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

AUTHORIZING THE CITY MANAGER

TO SIGN THE NOTICE OF

COMPLETION FOR THE SOUTH

SEVENTH STREET PROJECT
RESOLUTION 2024-__30___
WHEREAS, the South Seventh Avenue Road Project has been completed; and WHEREAS, the Project Engineer/Inspector has inspected and approved the work completed June 9, 2024; and
WHEREAS, the City Council of Avenal does hereby authorize the City Manager to sign and record the attached notice of completion with the County of Kings.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL

MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON July 11, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AVENAL DOES HEREBY MAKE THE FOLLOWING FINDINGS RELATED TO THE 18” WATER TRANSMISSION LINE REPLACEMENT PROJECT:

1. Found that the foregoing recitals are true and correct;

2. The City of Avenal finds that this the South Seventh Avenue Road Project is completed.

3. Authorized the City Manager to sign and record the notice of completion with the County of Kings.

4. Authorizes the City Manager, City Clerk, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper, and/or convenient and/or incidental thereto.
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
July 11, 2024 Pg. 27

RECORDED AT THE REQUEST OF
AND MAIL TO:

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204 Exempt per Gov’t Code 6103.9

NOTICE OF COMPLETION
The CITY OF AVENAL, organized under the laws of the State of California, hereby gives the following notice:

1. The work hereinafter described was completed on _June 9, 2024_.

2. The name and address of the owner is the CITY OF AVENAL whose business address is 919 Skyline Blvd., Avenal, CA 93204.

3. The nature of the interest of the owner is that of fee interest in the work completed.

4. The work titled: South Seventh Avenue Road Project.

5. The work located in the City of Avenal – In and Around South Seventh Avenue Road Project.

6. The work herein completed and accepted by the City was that unit of work performed under Central Valley Asphalt construction, generally described as the “South Seventh Avenue Road Project.”

8. The work or improvement herein referred was accepted by the City of Avenal. “I certify (or declare) under penalty of perjury that the foregoing is true and correct.” Dated: ____________________________

CITY OF AVENAL
By: __________________________
(City Seal) Antony V. López, City Manager
July 11, 2024 Pg. 28
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
TO: The Honorable Mayor and City Council
FROM: Antony V. Lopez, City Manager
DATE: July 11, 2024
RE: Notice of Completion for Avenal 18” Water Transmission Line Replacement Project
INFORMATION:

The Avenal 18” Water Transmission Line Replacement Project No. 161002-002C was completed on June 14th, 2024, by Specialty Construction Inc.

RECOMMENDATION:

By Resolution, authorize the City Manager to sign and file the Notice of Completion on said project.
“Pistachio Capital of the World®”
AGENDA ITEM NO. 5 - E
.

July 11, 2024 Pg. 29

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

AUTHORIZING THE CITY MANAGER

TO SIGN THE NOTICE OF
COMPLETION FOR THE AVENAL 18”

WATER TRANSMISSION LINE
REPLACEMENT PROJECT NO. 161002-
002C
RESOLUTION 2024-__31___
WHEREAS, the Avenal 18” Water Transmission Line Replacement Project has been completed; and
WHEREAS, the Project Engineer/Inspector has inspected and approved the work completed June 14, 2024.

WHEREAS, it is in the best interest of the City that this project be completed which will benefit the community for many years.

WHEREAS, the City Council of Avenal does hereby authorize the City Manager to sign and record the attached notice of completion with the County of Kings.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL

MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON July 11, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
July 11, 2024 Pg. 30
* * * * * * * * * * * * * * * * * *

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF

THE CITY OF AVENAL DOES HEREBY MAKE THE FOLLOWING
FINDINGS RELATED TO THE SOUTH SEVENTH STREET PROJECT:

1. Found that the foregoing recitals are true and correct;

2. The City of Avenal finds that this Avenal 18” Water Transmission Line Replacement Project is completed.

3. Authorized the City Manager to sign and record the notice of completion with the County of Kings.

4. Authorized the City Manager, City Clerk, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto. * * * * * * * * * * * * * * * * * *
July 11, 2024 Pg. 31

RECORDED AT THE REQUEST OF
AND MAIL TO:

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204 Exempt per Gov’t Code 6103.9

NOTICE OF COMPLETION
The CITY OF AVENAL, organized under the laws of the State of California, hereby gives the following notice:

1. The work hereinafter described was completed on June 14, 2024.

2. The name and address of the owner is the CITY OF AVENAL whose business address is 919 Skyline Blvd., Avenal, CA 93204.

3. The nature of the interest of the owner is that of fee interest in the work completed.

4. The work titled: Avenal 18” Water Transmission Line Replacement Project No. 161002- 002C

5. The work located in the City of Avenal – In and Around 18” Water Transmission Line.

6. The work herein completed and accepted by the City was that unit of work performed under Specialty Construction, Inc. construction, generally described as the” Avenal 18” Water Transmission Line Replacement Project”.

CITY OF AVENAL
By: __________________________
(City Seal) Antony V. López, City Manager
July 11, 2024 Pg. 32
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
TO: The Honorable Mayor and City Council
FROM: Antony V. Lopez, City Manager
DATE: July 11, 2024
RE: Notice of Completion for ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project
INFORMATION:

The Avenal Safe Routes to School SR 269 Project was completed on June 10, 2024, by Harris Development Corp. dba HBC Enterprises.

RECOMMENDATION:

By Resolution, authorize the City Manager to sign and file the Notice of Completion on said project.
“Pistachio Capital of the World®”
AGENDA ITEM NO. 5 - F
.

July 11, 2024 Pg. 33

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

AUTHORIZING THE CITY MANAGER

TO SIGN THE NOTICE OF
COMPLETION FOR ATPSB1L -
5424(010), AVENAL SAFE ROUTES TO
SCHOOL SR 269 PROJECT
RESOLUTION 2024-__31___
WHEREAS, the ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project has been completed; and
WHEREAS, the Project Engineer/Inspector has inspected and approved the work completed June 10, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Avenal does hereby authorize the City Manager to sign and record the attached notice of completion with the County of Kings.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL

MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON July 11, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
July 11, 2024 Pg. 34
* * * * * * * * * * * * * * * * * *

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF

THE CITY OF AVENAL DOES HEREBY MAKE THE FOLLOWING
FINDINGS RELATED TO THE SOUTH SEVENTH STREET PROJECT:

1. Found that the foregoing recitals are true and correct;

2. The City of Avenal finds that this ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project has been completed

3. Authorized the City Manager to sign and record the notice of completion with the County of Kings.

RECORDED AT THE REQUEST OF
AND MAIL TO:

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204 Exempt per Gov’t Code 6103.9

NOTICE OF COMPLETION
The CITY OF AVENAL, organized under the laws of the State of California, hereby gives the following notice:

1. The work hereinafter described was completed on June 10, 2024.

2. The name and address of the owner is the CITY OF AVENAL whose business address is 919 Skyline Blvd., Avenal, CA 93204.

3. The nature of the interest of the owner is that of fee interest in the work completed.

4. The work titled: ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project.

5. The work located in the City of Avenal – In and around Skyline Blvd (State Route 269) from S. 4th Avenue to S. Union Avenue.

6. The work herein completed and accepted by the City was that unit of work performed under Harris Development Corp. dba HBC Enterprises, generally described as the “ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project”

CITY OF AVENAL
By: __________________________
(City Seal) Antony V. López, City Manager
July 11, 2024 Pg. 36
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: July 1, 2024
RE: Public Works Monthly Report June 2024
INFORMATION:
7300 CODE ENFORCEMENT:

The Code Enforcement Department continues to work on property abatements, graffiti and illegal venders.

Water waste is not bad but continuing to flex time to check things on the weekends.

SEE ATTACHED REPORT
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. We worked on preparing the sports complex for the Independence Day Celebration. Staff will be installing a drain line and water supply for a sink and bathroom at the community garden.
9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. The spay/neuter program is continuing to go well, 18 dogs for the public and 10 for the shelter. The shelter continues to get donations of food and supplies. June had a slow down on the amount of dogs rescued.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. We continue working with A&M Consulting Engineers, they are still looking for grant money for several projects in town. The Seventh Ave. Road Project notice of completion has been sent out. The ATP (active transportation project) for the crosswalks on Skyline is complete we continue to work on the close out procedures. The City Engineer continues to work on the Community Center getting it ready to go to bid.
14100 WATER DISTRIBUTION: Staff continues to repair and maintain the distribution system within the City. The 18” Water Line Project notice of completion has been sent out. We had 2 repairs on distribution lines in June but nothing on the main transmission lines.
15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. We only had one (1) call for sewer plug. Staff is continuing the enzyme treatment for grease. 18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

Staff continues to maintain city-owned property, vehicles, and equipment and continues monthly/quarterly reporting to SJVAPCD. Staff submitted the yearly report to the Bureau of Automotive Repair.

July 11, 2024 Pg. 37
Monthly Report
June 2024
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 13
Courtesy Verbal Abetments 27
Courtesy Door Hangers 38
Abetments Completed 59
Pending 19
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 03
Illegal Occupancy 04
Illegal Venders 08
Complaints Received 02
*Phone 01
*Walk In 00
Miscellaneous Inspections 78
Miscellaneous Meetings 05
Recycling Control 01
Graffiti Control 03
Water Waste Control (verbal and/or citations) 02
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 01
Notes: Still getting illegal vendors come into town. Still flexing hours. Most the time vendors will be gone by the time I get my work truck, so we do miss some until they are reported. Graffiti looks like it slowed down.

Water waste has not been as bad as other years with some still washing cars with no nozzle.

Still on top of weed with most being cutting weeds right away. There might be 2 or 3 property’s they might be coming up for abetment if no response from property owners.

July 11, 2024 Pg. 38
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: June 1, 2024- June 30, 2024
Total Entries 35
RETURNED TO OWNER 2
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 19
DOGS RESCUED 13
Brought in to the shelter for the month of June 13
DOG BITE(S) 0
CITATIONS 0
COMPLAINTS 12
DOOR HANGERS 5
CATS DETAINED 1
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 1
Deceased Animals
Dogs 8
Cats 10
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
July 1, 2024
July 11, 2024 Pg. 39
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: June 1, 2024- June 30, 2024
Total Entries 42
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 32
DOGS RESCUED 10
Brought in to the shelter for the month of June 13
DOG BITE(S) 0
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 18
Cats 14
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
July 1, 2024
July 11, 2024 Pg. 40
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” AGENDA ITEM NO. 6- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: July 8th, 2024
RE: Information Technology Monthly Report May 2024
CURRENT PROJECTS:

Internet:
-Limited staff prevent the final antenna installation.
-RSUSD IT reports that the setup is ready for use on a wired connection. The workstation in the office at the Recreation Center is live. The building however lacks access to Wi-Fi, requiring into to assign to our wireless access points to correctly direct traffic.
-Cal.Net provided an overview of their general infrastructure. The primary concern we foresee is upload capability. Staff requiring this for intercommunication between sites.

Phone System: Avenal PD overhaul to be completed alongside IT service migration.

Emails: Staff receives an unforeseen delay notice on our current cityofavenal.gov submittal request.

Services:
-Regular Security Maintenance
-Continuing reorganizing documentation of all services for future reference Other:
-Continuing to assist in local events (Food distributions, Independence Day Celebration) -Continues to maintain the city website and provide tech support across all facilities. -With new funding opportunities made available, Staff reworks the sign project for the entrance of town on SR-269. The quotes have been submitted and are to be discussed at the July 11th Regular City Council Meeting
-With the delay in domain acquisition, Staff plans to use a subdomain (ie pdjobs.cityofavenal.gov) for the Police Recruitment landing page. A blank template is currently active but not public facing.

July 11, 2024 Pg. 41
Memo
To: Honorable Mayor and Council Members
From: Anna Lara-Nieto, Senior Recreation Leader
cc: Antony V. López, City Manager
Date: July 10th, 2024
Re: Community Activities Staff Report
Information: Updates:
1) Community Garden –
• In the works, benches decorative gate, arched name over entrance. • Cement for restrooms has been poured.
• Water line for the sink is being worked on.
• Community Pumpkins are growing
2) Independence Day Drone & Firework Celebration – Was held on June 29th, 2024. • The event was very well attended and was a huge success. Everyone who I talked to was very pleased with both Drone & Fireworks.
• We had a total of 10 Food vendors, 2 Merchandise and 1 information booth. • 3 Water Slides and water games for kids all free as well as the Horseshoe Tournament. • We had a stage, 1 local band performed. The Assembly of God Church choir came out and performed and did our Military Medal Tribute.
3) Summer Kids Spot – Started June 17th ends August 2nd. • Program is Monday- Friday, 9am-2:30pm at Recreation Center • Each day staff has planned different activities planned. Activities range from local field trips to APD, Library and soon Avenal Museum to Arts & Crafts, Cooking and outdoor sport games.
• We have a total of 44 kids enrolled. All are waiting for sponsorship from KCAO. • We have a Field Trip scheduled for July 12th, to the Island Water Park. 4) Rental Report-see attachment
Working on:
1) Back to School Event- August 5th at Vets Hall
2) Garden – Benches / Gate
3) Summer Kidz Spot program
Collaborations:
1) California Health Collaborative Outdoor Movies
2) Valley Voices – Food Distribution
3) Family Engagement Center:

1. Back to School Event

2. Consulate – August 20th-22nd
July 11, 2024 Pg. 42
RENTALS JULY 2024
Veterans Hall
• Seniors, Monday-Friday 10-4pm
• Community Cooling Center
Recreation Center
• Valley Voices- Every 2nd Friday of each month- Covid/Food Distribution • 4- Community paid rental
Basketball Court
• Wednesday/Friday evening - RAP Program
July 11, 2024 Pg. 43
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Thursday, July 11, 2024
Avenal City Council

ENGAGING AVENAL YOUTH

IN TOBACCO PREVENTION
California Health Collaborative
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July 11, 2024 Pg. 44
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The California Health
Collaborative (CHC) is a
nonprofit 501(c)3 organization
committed to enhancing the
quality of life and health of the
people of California,
particularly the underserved
and underrepresented.

KINGS COUNTY
July 11, 2024 Pg. 45
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July 11, 2024 Pg. 46
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July 11, 2024 Pg. 47
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FRIDAY NIGHT LIVE
Friday Night Live builds partnerships for positive and
healthy youth development which engage youth as
active leaders and resources in their communities.

FREE FOR
9TH-12TH

GRADE AVENAL
STUDENTS!
July 11, 2024 Pg. 48
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CORE BELIEFS ABOUT

YOUTH ACTIVISM
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Young people have
the RIGHT to be
involved in creating
the policies and
programs that
affect their future.

Young people have
the ABILITY to
make change in
their communities.

Young people have the
POWER to voice their
opinions about issues in
their lives.

July 11, 2024 Pg. 49
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YOUTH SPOTLIGHT
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HOW HAS TOBACCO IMPACTED

YOU, YOUR FRIENDS, OR YOUR
SCHOOL COMMUNITY?
July 11, 2024 Pg. 50
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The FNL Chapter creates
youth-led activities that
elevate youth voices around
substance use prevention and
mental health awareness.

FNL ACTIVITIES
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Earth Day 2024 | Tobacco Prevention
Loteria | KCTCC Public Speaking Training
July 11, 2024 Pg. 51
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AVENAL FNLAVENAL FNL EARTH DAY EARTH DAY
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EARTH DAY 2024
July 11, 2024 Pg. 52
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TOBACCO PREVENTION LOTERIA
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LOS PULMONES
20 EL VAPE PEN
16 EL ASTHMA
23 EL JOE CAMEL
May 3, 2024 - Family Engagement Center
July 11, 2024 Pg. 53
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May 17, 2024 - Family Engagement Center

PUBLIC SPEAKING TRAINING
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July 11, 2024 Pg. 54
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WHAT IS A TRL?
A tobacco retail license is a special license the government issues to businesses that sell tobacco products. State and local governments commonly use licensing to regulate certain kinds of businesses and professions, such as alcohol retailers, pharmacies, and restaurants.

July 11, 2024 Pg. 55
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A strong TRL law can help counter the tobacco
industry’s predatory practices that
disproportionately target youth.

Facilitate comprehensive enforcement of
federal, state, and local tobacco prevention
laws.

Ensure that inspections and compliance checks
occur in all the stores in the community.

It's already illegal for youth to buy tobacco products.

Why do we also need to license retailers?
July 11, 2024 Pg. 56
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In 2022, 25% of tobacco
retailers in Avenal illegally
sold tobacco to minors.
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July 11, 2024 Pg. 57
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Most of these programs were created to ensure that retailers comply with the requirements of tax laws, such as selling tobacco products with a legitimate tax stamp, rather than to promote public health and advance equity.

By adopting a local TRL law, a jurisdiction can enforce local, state, and federal tobacco related laws on the local level.

My state already has a TRL requirement.

How could a local law benefit my
community?
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July 11, 2024 Pg. 58
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Is it fair to charge retailers a fee to sell
a product that is legal? Couldn't it put
small retailers out of business?
Tobacco is one of the only addictive and deadly
products that does not require a local
government license and fee in order to be sold.

The leading tobacco company
generated over 34 billion U.S. dollars
in net sales in 2022.

July 11, 2024 Pg. 59
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AT TODAY’S PRICES, IF YOU SMOKE ONE PACK OF CIGARETTES
PER DAY FOR 10 YEARS, YOU’LL SPEND OVER $130,000.
$9.8 BILLION IN HEALTH CARE COSTS.
$1.4 BILLION IN LOST PRODUCTIVITY.
$3.8 BILLION COSTS TO THE MEDI-CAL PROGRAM.

FINANCIAL COSTS OF SMOKING
July 11, 2024 Pg. 60
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BENEFITS OF A LOCAL TRL
TRL is a comprehensive enforcement tool.

TRL helps communities track tobacco sales.

TRL fees provide for self-financing enforcement.

TRL can help communities improve health equity.

TRL protects youth.
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July 11, 2024 Pg. 61
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TRL PROTECTS AVENAL YOUTH
A review of 33 California communities
with strong TRL laws overwhelmingly
demonstrated a decline in each
community’s youth sales rate after the
local government enacted the law, with
an average decrease of 26%.
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July 11, 2024 Pg. 62
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CONTACT US!
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SOL Project Manager - Isabella Avedikian
[email protected] SOL Youth
@solyouth.chc
California Health Collaborative
@CALIFORNIAHEALTH.CO
Community Engagement Coordinator - Iris Medina
[email protected]
KCTCP Project Manager - Muriel Gobea
[email protected]
July 11, 2024 Pg. 63
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _7. A – 1
TO: Honorable Mayor and Council Members
FROM: Maria Ortiz, City Clerk
DATE: July 11, 2023
RE: Designation of Voting Delegates and Alternates: League of California Cities Annual Conference and Expo, October 16-18, 2024, Long Beach Convention Center
__________________________________________________________________ INFORMATION:

As the City Council is aware, the League's 2024 Annual Conference is scheduled for October 16- 18, 2024, at Long Beach Convention Center. An important part of the conference is the Annual Business Meeting, which is scheduled for October 18, where the League Membership will consider and act on resolutions that establish the Cal Cities Policy.

In order to vote at this Business Meeting, the City Council must designate a voting delegate and up to two (2) alternate voting delegates in the event the voting delegate is unable to attend. As per Cal Cities bylaws.

RECOMMEDATION:

By motion: 1) designate voting delegate and alternates for the Annual League Business Meeting scheduled on October 18, 2024, at Long Beach Convention Center. An important part of the conference is the Annual Business Meeting, which is scheduled for October 18, 2024. (Roll Call Vote).

FISCAL IMPACT:

None.

July 11, 2024 Pg. 64
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
July 11, 2024 Pg. 65
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly July 11, 2024 Pg. 66
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

July 11, 2024 Pg. 67
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

July 11, 2024 Pg. 68
CHAPTER 1 – VACANCY TAX
SEC. 1. SHORT TITLE AND CODIFICATION.

This Chapter shall be known as the “Vacancy Tax Ordinance,” and the tax it imposes shall be known as the “Vacancy Tax.” The City Clerk is authorized to codify this Chapter within Title 3 of the municipal code of the City, and in so doing may re-label its numbering to be consistent that utilized within Title 3.

SEC. 2. FINDINGS AND PURPOSE.
(a) City’s commercial districts prioritize street-level, customer-facing businesses as a means of stimulating a bustling, pedestrian-friendly urban environment. Retail and other commercial storefronts are the building blocks of neighborhood vitality, encouraging people to stroll through City’s streets, sidewalks, parks and other open spaces, and inviting them in.
(b) City residents and visitors have an interest in preserving the vitality of commercial corridors in these districts. Vacant parcels and storefronts in otherwise vibrant commercial districts degrade the urban environment and reduce the quality of life in those neighborhoods, leading to blight and sometimes crime, particularly when storefronts and adjacent parcels remain empty or devoid of commercial activity for extended periods of time. Further, the resulting blight negatively impacts other small businesses in the area by discouraging foot traffic and eroding the character and uniqueness of the City’s diverse neighborhoods and communities.
(c) Retail and other commercial vacancies may occur when property owners are performing tenant improvements for prospective tenants, while actively seeking a new commercial tenant, or following a disaster requiring wholescale rehabilitation of a structure. These temporary vacancies reflect a property owner’s desire to maintain the active retail and other commercial storefront environment of City’s commercial corridors and to continue contributing to the surrounding community.
(d) But in other instances, retail and other commercial vacancies occur when a property owner or landlord fails to actively market a vacant retail and other commercial storefront to viable commercial tenants and/or fails to offer the property at a reasonable rate. Retail and other commercial vacancies may persist as property owners and landlords hold storefronts off of the market for extended periods of time or refuse to offer the space for a reasonable market rate.
(e) Prolonged vacancy of residential housing not only restricts the supply of available housing units, but can also decrease economic activity in neighborhoods and leads to blight. (f) A purpose of the Vacancy Tax is to stimulate the rehabilitation of long-term retail and other commercial and residential vacancies, and to thereby reinvigorate neighborhoods and commercial corridors, and stabilize commercial rents, allowing new businesses to open and existing businesses to thrive.

SEC. 3. DEFINITIONS.

Except to the extent otherwise defined in ordinance, the terms used in this Chapter shall have the meanings given to them in Title 3 of the municipal code, as amended from time to time by the City Council. For purposes of this Chapter, the following definitions shall apply:
(a) “Affiliate” means a person under common majority ownership or common control with any other person, whether that ownership or control is direct or indirect. An Affiliate includes but is not limited to a person that majority owns or controls any other person or a person that is majority owned or controlled by any other person. (b) “Building Permit Application Period” means the period following the date that an application for a building permit for repair, rehabilitation, or construction with respect to Taxable Commercial Space in a building or structure is filed with the City through the date the building official of the City grants or denies that application, but not to exceed one (1) year. Notwithstanding the preceding sentence, if more than one building permit application is filed by or on behalf of one or more persons in the Taxpayer’s Group for the same Taxable Commercial Space, the Building Permit Application Period shall mean only the applicable period following the date the first application is filed with the City by or on behalf of anyone in the Taxpayer’s Group. (c) “Conditional Use Application Period” means the 183-day period following the date that a complete application for a conditional use permit for use of Taxable Commercial Space is filed with the City, except that if the Planning Commission does not grant or deny that application within 183 days, then the Conditional Use Application Period shall extend to and include December 31 of the same year in which the date 183rd day occurs. Notwithstanding the preceding sentence, if more than one complete conditional use permit application is filed by or on behalf of one or more persons in the Taxpayer’s Group for the same Taxable Commercial Space, the Conditional Use Application Period shall mean only the applicable period following the date when the first complete application is filed with the City by or on behalf of anyone in the Taxpayer’s Group. (d) “Construction Period” means the one-year period following the date when the City issues a building permit for repair, rehabilitation or construction with respect to Taxable Commercial Space in a building or structure, provided that if the City issues multiple building permits to or for the benefit of one or more persons in the Taxpayer’s Group for the same Taxable Commercial Space, the one-year Construction Period shall mean only the one-year period following the issuance of the first building permit to or for the benefit of anyone in the Taxpayer’s Group.
(e) “Disaster Period” means the two-year period following the date that Taxable Commercial Space was severely damaged and made uninhabitable or unusable due to an unexpected fire, natural disaster or other catastrophic event. (f) “Frontage” means the number of linear feet of Taxable Commercial Space which is adjacent or tangent to a Public Right of Way, rounded up to the nearest foot. (g) “Public Right of Way” means each public alley, boulevard, court, lane, road, sidewalk, space, street, and way within the City, which are under the permitting jurisdiction of the City.
(h) “Related Person” means a spouse or domestic partner, child, parent or sibling (these latter three relationships including biological, adoptive and “step” relationships; and the sibling relationship also including half-siblings). (i) “Residential Real Estate” means real property where the primary use of or right to use the property is for the purpose of dwelling, sleeping or lodging, and such real property is owner-occupied as a primary or secondary residence, excluding each improvement thereon which is actively used as part of the business activity of accommodations. For purposes of this Chapter, “accommodations” includes hotels, motels, inns, bed-and-breakfast, hostels and other temporary dormitory facilities, and also singlefamily residences, multi-family residences, accessory dwelling unit, condominiums and residential apartment units which are not owner-occupied as a primary or secondary residence.
(j) “Taxable Commercial Space” means the ground floor area of any building, structure or unimproved parcel, or the ground floor of any portion of a building, structure or unimproved parcel, where such floor area (1) is adjacent or tangent to a Public Right of Way, (2) is located within any commercial or residential zoning district, as those districts exist on November 5, 2024 in the operative zoning ordinance of the City, and irrespective of whether those zoning districts are expanded, narrowed, re-labeled/renamed, eliminated, or otherwise modified by ordinance of the City Council subsequent to that date, and (3) is not Residential Real Estate.
(k) “Taxpayer’s Group” with respect to each Taxable Commercial Space, means the taxpayer, any current or former co-owner or co-tenant of the taxpayer, and any Related Person or Affiliate of the taxpayer or the taxpayer’s current or former co-owner or cotenant. (l) “Tax Year” means the period from January 1 through December 31. (m) “Vacant” means unoccupied, unused for any business activity licensed by the City or, in the case of residentially zoned real property, uninhabited, for more than onehundred eighty-two (182) days, whether consecutive or nonconsecutive, in a tax year.

Notwithstanding the previous sentence, a person shall not be considered to have kept a building or structure Vacant during a Building Permit Application Period, Construction Period, Disaster Period and/or Conditional Use Application Period when such period is applicable to that particular person for that particular Taxable Commercial Space. In determining whether a person has kept Vacant any Taxable Commercial Space, those days within a Building Permit Application Period, Construction Period, Disaster Period, and Conditional Use Application Period shall be disregarded when such period is applicable to that particular person for that particular Taxable Commercial Space.

SEC. 4. IMPOSITION OF TAX.
(a) Except as otherwise provided in this Chapter, the City imposes an annual Vacancy Tax upon the privilege of keeping Vacant each Taxable Commercial Space within the City. (b) The Vacancy Tax in a tax year shall be as follows:
(1) For the 2025 tax year, $250 per linear foot of Frontage. (2) For the 2026 tax year, $250 per linear foot of Frontage for Taxable Commercial Space which was not kept Vacant in the 2025 tax year, and $250 per linear foot of Frontage for Taxable Commercial Space which was kept Vacant by in the 2025 tax year.
(3) For the 2027 tax year and subsequent tax years:
(A) $250 per linear foot of Frontage for Taxable Commercial Space which is kept Vacant by any person during the tax year, but was not kept Vacant during the prior tax year;
(B) $500 per linear foot of Frontage for Taxable Commercial Space which is kept Vacant by any person during two consecutive tax years; and (C) $1,000 per linear foot of Frontage for Taxable Commercial Space which is kept Vacant by any person during the tax year, in all situations in which neither subsection (b)(3)(A) nor subsection (b)(3)(B) of this Section applies.
(c) The Vacancy Tax shall be owed and payable by:
(1) the owner or owners of the Taxable Commercial Space kept Vacant, provided that the Taxable Commercial Space is unleased;
(2) the lessee or lessees, and not the owner, of the Taxable Commercial Space kept Vacant, when that Taxable Commercial Space is leased but not subleased; and (3) the sublessee or sublessees, and not the owner or sublessor, of the Taxable Commercial Space kept Vacant, if that Taxable Commercial Space is subleased.

Not more than one tax shall be imposed under this Section by reason of multiple liable owners, lessees, or sublessees. If there are multiple liable owners, lessees, or sublessees, each such person shall be jointly and severally liable for the Vacancy Tax. (d) A person shall be liable for the Vacancy Tax only if that person has kept Vacant any Taxable Commercial Space during a tax year. A person shall be deemed to have kept Vacant a Taxable Commercial Space during a tax year if that person and all Related Persons and Affiliates of that person, individually or collectively, have kept that Taxable Commercial Space Vacant for more than 182 days in that tax year. (e) On January 1 of each year succeeding the first full year of the effective date of this Chapter, the amount of the Vacancy Tax shall be increased by the most recent change in the annual average of the Consumer Price Index (“CPI”) for all urban consumers in the San Francisco-Oakland-San Jose areas, as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made.

SEC. 5. EXEMPTIONS AND EXCLUSIONS.
(a) For only so long as, and only to the extent that, the City is prohibited from imposing the Vacancy Tax, any person upon whom the City is prohibited under the Constitution or laws of the State of California or the Constitution or laws of the United States from imposing the Vacancy Tax shall be exempt from the Vacancy Tax. (b) Any individual who has within the past eighteen (18) months became disabled to the degree that they qualify for federal or State disability income, shall be exempt from the Vacancy Tax.
(c) The City shall be exempt from the Vacancy Tax.
(d) The City Council may exempt from the Vacancy Tax any person or class of persons by duly enacted ordinance.

SEC. 6. ADMINISTRATION.

The City Council is hereby authorized by the voters to enact any of the following additional ordinances, without submitting them to the voters for approval:
(a) An ordinance prescribing procedures and rules for processing Vacancy Tax returns and appeals;
(b) An ordinance prescribing procedures and rules for enforcement and collection of the Vacancy Tax, which may include fines and penalties;
(c) An ordinance which defines any word or phrase within this Vacancy Tax Ordinance which may otherwise be unclear, ambiguous or vague; and (d) An ordinance exempting any person or class of persons from the Vacancy Tax.

SEC. 7. REVENUE MEASURE.

This Chapter is enacted solely to raise revenue for general municipal purposes, and is not intended for regulation.

SEC. 8. SUSPENSION OF COLLECTION.

The City Council shall have authority to temporarily suspend collection of all or a portion of the tax imposed by this Chapter, by resolution unanimously approved by all five (5) members of the entire City Council. The City Council may at any time also repeal or supersede such resolution. However, the authority to levy the Vacancy Tax imposed by this Chapter shall not expire or otherwise terminate, unless terminated by a duly enacted ordinance which is approved at a regular meeting of, and by unanimous vote of all five (5) of the seats comprising the entire City Council.

SEC. 9. AMENDMENT OF ORDINANCE.
(a) The following amendments to this Chapter must be approved by the voters of the City:
increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax upon activity of a nature not previously subject to the tax; or extending the effective date of this Chapter. Otherwise, the City Council is hereby authorized to and may amend this Chapter, by affirmative vote of not less than four (4) members of the City Council, without submitting the amendment to the voters for approval, provided that such ordinance amendment does not increase or decrease the tax rate approved by the voters. The People of the City of Avenal affirm that each and all of the following actions shall not constitute an increase of the rate of a tax:
(1) The restoration of the rate of the tax to a rate which is no higher than the maximum allowed by this Chapter, if the City Council has acted to suspend or reduce the rate of the tax;
(2) An action which interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the text of this Chapter;
(3) The collection of the tax imposed by this Chapter, even if the City had, for some period of time, failed to collect the tax;
(4) The establishment of a class of persons which are exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Chapter); or
(5) The City Council’s adoption of a resolution, as authorized by Section 8, to raise the tax rate, provided that the rate may not be increased to a rate which is higher than the maximum established in this Chapter.

SEC. 10. SEVERABILITY.
(a) Except as provided in subsection (b), if any section, subsection, sentence, clause, phrase, portion or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The People of the of City hereby declare that, except as provided in subsection (b), they would have adopted this Chapter and each and every section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (b) If the imposition of the Vacancy Tax in Section 4 is held in its entirety to be facially invalid or unconstitutional in a final court determination which cannot be appealed, the remainder of this Chapter shall be void and of no force and effect, and it shall be deemed immediately repealed and removed from the municipal code.

SEC. 11. SAVINGS CLAUSE.

No section, clause, part or provision of this Chapter shall be construed as requiring the payment of any tax which would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California.

City Council/Successor Agency/Public Finance AuthorityJuly 11, 2024

City Council/Successor Agency/Public Finance Authority
July 11, 2024