CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 27, 2025; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:
Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.
Study Session: None
LAST ORDINANCE: 2024-02 CITY LAST RESOLUTION: 2025-21
(SA) LAST RESOLUTION: 2025-01 PFA LAST RESOLUTION: 2024-02 AGENDA
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:
2. ROLL CALL: Councilmembers: Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro Tem, M.
Leticia Gamez; 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 $450.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
3. 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.
4. 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 March 13, 2025.
B. Consider Approval to Enter into Interlocal Agreement with City of Hanford for Shared CLETS Line Access
5. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. Presentación Cultural Líderes Campesinas - Mirna Ortega, Outreach Worker, Líderes Campesinas (Discussion/Action).
6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Police Department Activity Report: Cecilio Velasco, Chief of Police.
2. Community Development Activity Report: Kelsey George, Contract City Planner, 4Creeks.
3. Economic Development & Grant Writing Report: Emily Engelsgaard, Grants Manager, the CrisCom Company.
B. Special Presentations/Reports:
1) Cal.Net Services Presentation – Adam Sass, Director of Strategic Sales
7. PUBLIC HEARING(s):
A. General Plan Amendment 2024-01 and Rezone 2024-01 (GPA and RZ) Application and related Environment Finding for two adjoining parcels totaling ±3.05 acres of property located north of Highway 33 and S Seventh Avenue intersection.
a. Staff Report
b. Public Hearing
c. Action/Resolution
8. OLD BUSINESS:
A. SRO Agreement with RSUSD (Discussion/Action).
March 27, 2025 Pg.1
9. NEW BUSINESS:
A. Consider Approval of Agreement with Flock Group Inc. for Citywide ALPR Camera System Funded by COPS Funds (Discussion/Action).
B. Review Backyard Chickens Application Process, and Adopt Associated Fees (Discussion/Action).
C. Review and Authorize Submission of the 2024 Housing Element Annual Progress Report (Discussion/Action).
10. 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.
11. 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 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:
1. 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.
12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, March 24, 2025.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
March 27, 2025 Pg.2
CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 27 DE MARZO DE 2025; 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: Ninguna
ÚLTIMA ORDENANZA: 2024-02 ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2025-21 (SA) ÚLTIMA RESOLUCIÓN: 2025-01 ÚLTIMA RESOLUCIÓN DE PFA: 2024-02 AGENDA
1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:
2. PASE NOMINAL: Concejales: Ricardo Verdugo, David Reynosa, Pablo Hernández, Alcalde Interino, M.
Leticia Gámez; 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 $450.00 por mes debido a ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por ser miembros de la Agencia Sucesora.
3. 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 están en la agenda. Se permiten tres (3) minutos por persona.
4. 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 minutas de la Ciudad de Avenal/Agencia Sucesora para el 13 de marzo de 2025.
B. Considere la aprobación para celebrar un acuerdo interlocal con la ciudad de Hanford para el acceso compartido a la línea CLETS
5. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / PUNTOS A CONSIDERAR:
A. Presentación Cultural Líderes Campesinas - Mirna Ortega, Trabajadora Social, Líderes Campesinas (discusión/acción).
6. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1. Reporte de Actividades del Departamento de Policía: Cecilio Velasco, Jefe de Policía.
2. Informe de Actividades de Desarrollo Comunitario: Kelsey George, Planificadora de la Ciudad por Contrato, 4Creeks.
3. Informe de Desarrollo Económico y Redacción de Subvenciones: Emily Engelsgaard, Gerente de Subvenciones, The CrisCom Company.
B. Presentaciones/Informes Especiales:
1) Presentación de Cal.Net Services – Adam Sass, Director de Ventas Estratégicas
7. AUDIENCIA(S) PÚBLICA(S):
A. Solicitud de Enmienda al Plan General 2024-01 y Rezona 2024-01 (GPA y RZ) y Hallazgo Ambiental relacionado para dos parcelas contiguas por un total de ±3.05 acres de propiedad ubicada al norte de la intersección de la Autopista 33 y la Séptima Avenida S. a. Informe del personal
b. Audiencia Pública
c. Acción/Resolución
March 27, 2025 Pg.3
8. NEGOCIO ANTIGUO:
A. Acuerdo de SRO con RSUSD (Discusión/Acción).
9. NUEVOS NEGOCIOS:
A. Considerar la aprobación del acuerdo con Flock Group Inc. para el sistema de cámaras ALPR en toda la ciudad financiado por fondos COPS (discusión/acción).
B. Revise el proceso de solicitud de pollos de traspatio y adopte las tarifas asociadas (discusión/acción).
C. Revisar y autorizar la presentación del Informe de Progreso Anual del Elemento de Vivienda 2024 (discusión/acción).
10. 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 punto. 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.
11. 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) 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 inmuebles con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera:
1. 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.
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 Municipal (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 Título 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 los 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 24 de marzo de 2025.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
March 27, 2025 Pg.4
CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 13, 2025, 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:
Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.
MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:20 pm ROLL CALL: Councilman Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro, Tem M.
Leticia Gamez; Mayor, Alvaro Preciado.
ABSENT: None
STAFF: López, Ortiz, Price, Curiel, Bermudez, Verdugo, Andrade, Williams, Davis, Velasco.
LEGAL COUNSEL: Moses Diaz.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $450.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
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.
Public Comment was opened at 5:22pm and closed at 5:24 pm by Mayor Preciado.
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 February 27, 2025.
B. Consider FY 2025/26 Local Transportation Fund Claim (LTF): Resolution 2025-21.
Resolution 2025-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL
AUTHORIZING A CLAIM TO BE MADE FOR THE LOCAL TRANSPORTATION FUNDS FOR THE 2025/26 FISCAL YEAR, FINDING NO UNMET PUBLIC TRANSIT NEEDS AND AUTHORIZING THE CITY MANAGER TO MAKE AND AMEND SUCH CLAIMS.
Council Member/Successor Agency Member Gamez motioned to approve Consent Calendar seconded by Councilman/Successor Agency Member Hernandez, and motion carried.
March 27, 2025 Pg.5
ROLL CALL VOTE:
AYES: Gamez, Hernandez, Reynosa, Verdugo, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. None
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor.
Public Works Director Scott Davis presented his report as submitted. The City Manager shared photos of the new playground, and Scott stated that it would be a great addition to the community. Councilman Verdugo inquired about the status of a property on Mariposa Street, asking when it is scheduled for demolition. Scott responded that he had spoken with Lupe regarding the matter and that the abatement process is progressing within the established timeframe. When asked for further clarification, Angie stated that the property owner had been given a deadline, and if they fail to comply, the City will proceed with necessary actions. Mayor Preciado asked whether supervision would be provided at the new park, noting concerns about children not always being respectful. Scott stated that parental supervision would be expected, as the City does not have sufficient staff to monitor the park. He added that in addition to the Police Department, Public Works staff would respond to any issues. He also emphasized the importance of community education regarding disabilities. Mayor Preciado inquired whether Public Works has adequate equipment to address washout areas and whether the CRC had reached out for assistance. Scott confirmed that Public Works has sufficient resources to manage washouts and ensure that areas are backfilled and stabilized. The Mayor also inquired about the utilization of the green waste disposal site, noting that it appeared to be full. Scott confirmed that the program has been working effectively. The City Manager stated that they may explore potential assistance from Mid Valley Disposal. The City Manager announced that Rob, the City's longest-serving employee, will be retiring, and a celebration will be held on Monday, the 17th. He also announced the appointment of Scott Davis as the new Public Works Director, expressing confidence that Public Works would be in capable hands. Scott stated that he is committed to continuing to serve the City. Mayor Preciado noted that Scott has a strong working relationship with Caltrans which will be helpful. a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers
2. IT Department Activity Report: Humberto Bermudez, IT Director.
IT Director Bermudez presented his report as submitted and noted that, in the future, the City should consider acquiring a folding machine for utility billing. Councilmember Gamez stated that there are three signs obstructing the LED sign at the entrance to town and suggested that this issue be addressed. Mayor Preciado inquired about who is responsible for the wording on the signs and whether the IT department will be working with the school to input their messages. Councilmember Verdugo asked why the recreation center has been without a phone for the past year. IT Director Bermudez explained that there is a system issue but noted that staff can utilize One Talk Verizon through their cellphones or laptops while in the building.
3. Recreation Department Activity Report: Sheila Verdugo, Community Activities Supervisor.
Sheila presented her report as submitted. Councilmember Reynosa inquired about Old Timers Day, to which Sheila responded that there is still time to plan for the event, as it is scheduled for May. Audience member Rosa Sierra asked whether the recreation center is open to the community and what youth activities are currently available for children. She also inquired about Sheila’s responsibilities when she is not assisting with recreation activities. Sheila stated that she takes direction from staff on various tasks as needed. The City Manager recognized Sheila for her recent acknowledgment by the Kings County Board of Supervisors in honor of Women’s History Month and presented her with flowers on behalf of the City. Mayor Preciado asked March 27, 2025 Pg.6
whether any recreation staff members have city-provided cellphones. Sheila stated that the recreation department opted out of using city-issued phones.
B. Special Presentations/Reports:
1) California Health Collaborative – Celeste Ramos, Program Manager, Kings County Tobacco Control Program
Celeste presented on new tobacco laws, as well as educational materials on policies and prevention measures. Mayor Preciado inquired whether the new entities authorized to seize tobacco products operate within Kings County. Celeste explained that while the California Department of Tax and Fee Administration (CDTFA) is not local, it has the authority to take action, along with the local police department. Councilmember Gamez thanked Celeste for attending the Council Meet & Greet. Mayor Preciado asked about distributing educational materials to the community, and Celeste stated that they could schedule an educational session in the spring. Councilmember Verdugo inquired about the availability of posters outlining the new laws, and Celeste confirmed that they are in the process of developing them. Mayor Preciado extended an invitation to the upcoming Confía event, noting that many community members would be in attendance and that it would be beneficial to have tobacco education materials available there.
PUBLIC HEARING(s):
A. None
OLD BUSINESS:
A. SRO Agreement with RSUSD (Discussion/Action).
The City Manager stated that there were no new updates and confirmed that the School Resource Officer (SRO) continues to serve the middle school. He also noted that the school district will be assisting with the Confía event on March 26th.
Additionally, he highlighted the ongoing collaboration between the City and the school district, mentioning that the high school auditorium has been designated as a home base for volunteers conducting the community survey.
NEW BUSINESS:
A. None
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.
The City Clerk reminded the Council that Form 700 submissions are due before April. The City Manager announced that a popup vaccination clinic will be held at the recreation center tomorrow, alongside a food distribution event organized by Valley Voices. He also provided an update on upcoming City events, including a town hall on March 18th featuring the City Engineer, as well as a designated station for conducting the Community Survey. He noted that the City is still seeking volunteers and has received positive feedback on the survey. The City Manager also shared that today marked his eight-year anniversary working for the City and reflected on his journey to becoming City Manager. Councilmember Reynosa suggested informing Galley that the Meet & Greet with Confía has been rescheduled to Monday. Mayor Preciado reported that he attended several conferences over the past week, where he participated in discussions on key topics such as transportation and housing.
The City Council went into Closed Session at 7:08 p.m.
CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives:
Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. Personnel (Government Code §54957(b)).
March 27, 2025 Pg.7
Consider Public Employee Performance Evaluation for the Position of:
• City Manager
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale,
exchange, or lease of real property by or for this agency as follows:
1. 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.
Council came out of Closed Session at 8:29 p.m. Mayor Preciado motioned to begin the performance evaluation process of the City Manager seconded by Councilman/Successor Agency Member Hernandez, and motion carried.
ROLL CALL VOTE:
AYES: Preciado, Hernandez, Gamez, Reynosa, Verdugo.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Having no other business, Mayor Preciado adjourned the meeting at 8:29 p.m.
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, January 20, 2025. __
/s/ Karla Curiel
Karla Curiel, Deputy City Clerk
March 27, 2025 Pg.8
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 4 – B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager, by
Cecilio Velasco, Chief of Police
DATE: March 27, 2025
RE: Consider Approval to Enter into Interlocal Agreement with City of Hanford for Shared CLETS Line Access
INFORMATION:
The Avenal Police Department has identified the need to enter into a shared-use agreement for access to the California Law Enforcement Telecommunications System (CLETS) in partnership with the City of Hanford, as well as the cities of Lemoore and Corcoran. CLETS is a secure state-wide law enforcement communications network administered by the California Department of Justice. It allows access to critical information such as criminal histories, DMV records, missing persons, stolen vehicles, restraining orders, and other vital law enforcement data.
The City of Hanford has agreed to act as the fiscal agent for the CLETS line and will submit monthly payments to the Department of Justice for CLETS access on behalf of the participating cities. In turn, the City of Avenal will be responsible for reimbursing Hanford for its portion of the service.
Access to the CLETS line is a core requirement for our operations, particularly if the City of Avenal transitions to the Sunridge Systems RIMS (Records Information Management System) platform or moves to contract dispatching services through another agency. CLETS integration with RIMS is critical for real-time access to law enforcement databases and for ensuring continuity of service in both self-dispatch and shared-dispatch models.
The City of Avenal will be responsible for a monthly cost of $156.42, billed quarterly in arrears by the City of Hanford. This cost represents Avenal’s equal share of the total CLETS line cost ($625.66/month) shared among the four cities. These expenses will be absorbed by the department’s current communications and technology budget and included in future fiscal planning.
RECOMMENDATION:
Staff recommends, by Resolution, the approval for the City of Avenal to enter into the Interlocal Agreement, attached hereto as ATTACHMENT A, with the City of Hanford for shared CLETS line access. This partnership ensures the department remains compliant with DOJ access requirements and is prepared for future transitions to new RMS or dispatch systems.
FISCAL IMPACT:
Police Department- Utilize existing funds in the Services Budget for FY 2024/2025, and budget accordingly for FY 2025/2026.
March 27, 2025 Pg.9
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Authorizing the City of Avenal to Enter
into an Interlocal Agreement for Shared
CLETS Line Access
RESOLUTION 2025-_22_
WHEREAS, the California Law Enforcement Telecommunications System (CLETS) is a secure statewide communications network administered by the California Department of Justice, providing access to critical law enforcement data including DMV records, criminal histories, missing persons, and more; and WHEREAS, the Avenal Police Department has identified the need to enter into a shared-use agreement for CLETS line access in partnership with the City of Hanford, as well as the cities of Lemoore and Corcoran; and
WHEREAS, the City of Hanford has agreed to act as the fiscal agent for CLETS and will remit monthly payments to the California DOJ, with the City of Avenal reimbursing its share; and
WHEREAS, access to the CLETS line is essential for the City of Avenal to maintain real-time access to law enforcement databases, particularly as it explores transitions to systems such as Sunridge Systems RIMS or dispatch contracts; and WHEREAS, the City of Avenal’s monthly cost of $156.42 will be invoiced quarterly by the City of Hanford and funded through the Police Department’s existing budget.
March 27, 2025 Pg.10
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 March 27, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Approves the Interlocal Agreement for shared access to the California Law Enforcement Telecommunications System (CLETS) line between the City of Avenal, City of Hanford, City of Lemoore, and City of Corcoran, as set forth in ATTACHMENT A to this resolution;
3. Approved the City of Avenal’s participation in the CLETS line agreement described in ATTACHMENT A, at the rate of $156.42 per month, to be invoiced quarterly by the City of Hanford, and authorized this cost to be funded through the existing Police Department budget;
4. Unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the CLETS line costs approved by this resolution shall be considered funded under the current Police Department budget;
5. Authorized the City Manager, City Clerk, City Attorney, and all relevant City staff to execute the agreement attached as ATTACHMENT A and to take all steps reasonably necessary, proper, and/or convenient to carry out the terms and conditions of this resolution.
* * * * * * * * * * * * * * * * * *
March 27, 2025 Pg.11
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF HANFORD, CITY OF LEMOORE, CITY OF CORCORAN and CITY OF AVENAL
California Law Enforcement Telecommunications System (CLETS) line shared cost agreement
This Agreement is made and entered into this 1st day of July, 2025, by and between the CITY OF LEMOORE, acting by and through its governing body, the City Council, hereinafter referred to as The CITY OF LEMOORE, CITY OF CORCORAN, acting by and through its governing body, the City Council, hereinafter referred to as The CITY OF CORCORAN, CITY OF AVENAL, acting by and through its governing body, the City Council, hereinafter referred to as The CITY OF AVENAL and the CITY OF HANFORD, acting by and through its governing body, the City Council, hereinafter referred to as the CITY OF HANFORD, all of Kings County, State of California, witnesseth:
WHEREAS, this Agreement is made under the authority of Sections 930 through 930.6 of the Government Code:
and
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and
WHEREAS, the CITY OF LEMOORE, CITY OF CORCORAN, and the CITY OF AVENAL each agree to initially pay the CITY OF HANFORD at the rate of $156.42 per month for their shared cost of the CITY OF HANFORD’s CLETS line access.
NOW THEREFORE, the CITY OF LEMOORE, CITY OF CORCORAN, CITY OF AVENAL and CITY OF HANFORD agree as follows:
Section 1.
A. The City of Hanford will act as the fiscal agent that submits the monthly payment in the initial amount of $625.66 to the Department of Justice for the joint CITY OF HANFORD, CITY OF LEMOORE, CITY OF CORCORAN, and CITY OF AVENAL CLETS line. In October 2008, the CITY OF HANFORD, CITY OF LEMOORE, and CITY OF CORCORAN discontinued CLETS line services with the COUNTY OF KINGS. The CITY OF HANFORD purchased a CLETS line for their dispatching services and allowed the CITY OF CORCORAN to share this line. Subsequently, the CITY OF LEMOORE contracted with the CITY OF HANFORD for dispatching services. In January 2025, the CITY OF LEMOORE and CITY OF AVENAL requested to pay their share of the CLETS line access to form their own dispatching center. The CITY OF HANFORD currently pays $625.66 monthly to the Department of Justice for the CLETS line. This CLETS line fee will be divided evenly between the four cities, with each being responsible for $156.42 per month.
B. The CITY OF HANFORD will invoice the CITY OF LEMOORE, CITY OF CORCORAN, and the CITY OF AVENAL in arrears on a quarterly basis. Payment in full will be due within forty-five (45) calendar days of a city’s receipt of an invoice.
An invoiced amount will be delinquent if it is not paid by the end of the forty-five (45) calendar day period. If an invoiced amount becomes delinquent, a late fee equal to ten percent (10%) of the unpaid amount will apply, and interest on the past due amount will accrue at the rate of seven and one-half percent (7.5%) per annum. Should a city fail to fully pay an invoiced amount and any associated late fee and accrued interest within one hundred (180) calendar days of its receipt of the underlying invoice, the CITY OF HANFORD may submit a Preliminary Notice of Termination to the delinquent city, and, if the city fails to pay all then-delinquent amounts, late fees, and accrued interest within thirty (30) calendar days of its receipt of the Preliminary Notice of Termination, the CITY OF HANFORD may terminate the CLETS services that the delinquent city receives under this Agreement.
Section 2.
The City of Lemoore, City of Corcoran, and City of Avenal agree to pay the CITY OF HANFORD to use the shared CLETS line at the initial rate of $156.42 per month until such time they stop usage of the shared CLETS line; provided however, if CLETS increases its service fee, the CITY OF HANFORD will notify the CITY OF LEMOORE, CITY OF CORCRAN, and the CITY OF March 27, 2025 Pg.12
AVENAL in writing of the adjusted fee amount, which will be divided evenly between the CITY OF HANFORD, the CITY OF LEMOORE, the CITY OF CORCORAN, and the CITY OF AVENAL. Should a city withdraw from this Agreement, CLETS fees will be divided evenly between the CITY OF HANFORD and the remaining city.
Section 3.
Nothing in this Agreement shall impose any liability for claims against the CITY OF LEMOORE CITY OF CORCORAN, or CITY OF AVENAL other than claims for which liability may be imposed by the California Tort Claims Act.
Section 4.
Nothing in this Agreement shall impose any liability for claims against the CITY OF HANFORD other than claims for which liability may be imposed bythe California Tort Claims Act. The CITY OF LEMOORE, the CITY OF COCORAN, and the CITY OF AVENAL acknowledge that the CITY OF HANFORD’s role under this Agreement is limited to fiscal agent responsible for rendering monthly payment to CLETS. The CITY OF HANFORD makes no representations or warranties regarding the services provided by CLETS, and the CITY OF HANFORD will have no responsibility for any interruption in CLETS services or other technical difficulty experienced by CLETS unless an interruption in service is directly caused by the CITY OF HANFORD’s failure to pay CLETS’s service fees. Should the CITY OF LEMOORE, the CITY OF CORCORAN, and/or the CITY OF AVENAL experience an interruption of CLETS services or other technical issues arising from a cause other than the CITY OF HANFORD’s failure to pay CLETS fees, each city will be responsible for working directly with Sunridge Records Management System and/or the Department of Justice to resolve such matters.
Section 5.
The parties are acting in an independent capacity. Each of the parties agrees that it, including any and all of its officers, agents, and employees, shall have no right to employment rights or benefits available to the other party’s employees. Each party shall be solely liable and responsible for providing to, or on behalf of, its own officers, agents, and employees all legally and contractually required employee benefits. In addition, each party shall be solely responsible and save the other party harmless from all matters relating to payment of each party’s employees.
Section 6.
Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.
Section 7.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 8.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
Section 9.
(a) This Agreement has been reviewed by Christina Smith (“Smith”) for the CITY OF LEMOORE and by Ty Mizote (“Mizote”) for the CITY OF HANFORD. Smith and Mizote are attorneys in the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. (“the law firm”). The law firm is counsel for the CITY OF LEMOORE and the CITY OF HANFORD in other matters.
(b) The law firm has explained to the CITY OF LEMOORE and the CITY OF HANFORD that, in the event of a dispute involving those parties regarding this Agreement, or the rights of the CITY OF LEMOORE and the CITY OF HANFORD against each other under this Agreement, each of those parties will be required to retain independent legal counsel. The law firm has also explained to the CITY OF LEMOORE and the CITY OF HANFORD potential areas of conflict of interest in the law firm’s review of this Agreement for those parties. (c) The CITY OF LEMOORE and the CITY OF HANFORD acknowledge the aforementioned advisements and waive March 27, 2025 Pg.13
any such conflict of interest. The CITY OF LEMOORE and the CITY OF HANFORD warrant and represent that, prior to executing this document, each has reviewed this Agreement with that counsel, legal or otherwise, which they have deemed necessary, reasonable and appropriate to protect their respective interests. (d) The CITY OF LEMOORE and the CITY OF HANFORD are knowingly, willingly, and voluntarily executing this Agreement after such advice and counsel, and with the understanding and intent that this Agreement shall be enforceable by and against each of them in accordance with its terms, and the Agreement will not be void or voidable due to any conflict of interest arising from the law firm’s review of this document for the respective parties.
Section 10.
(a) This Agreement was reviewed by Zishan Lokhandwala for the CITY OF AVENAL and by Moses Diaz for the CITY OF CORCORAN. Lokhandwala and Diaz are attorneys in the Public Interest Law Firm, A Professional Corporation (“PILF”). PILF is general counsel for the CITY OF AVENAL and the CITY OF CORCORAN in other matters.
(b) PILF explained to the CITY OF AVENAL and the CITY OF CORCORAN that, in the event of a dispute involving those parties regarding this Agreement, or the rights of the CITY OF AVENAL and the CITY OF CORCORAN against each other under this Agreement, each of those parties will be required to retain independent legal counsel in regard to such dispute. PILF also explained to the CITY OF AVENAL and the CITY OF CORCORAN potential areas of conflict of interest in PILF’s review of this Agreement for those parties.
(c) The CITY OF AVENAL and the CITY OF CORCORAN each acknowledge the aforementioned advisements and waive each and any such conflict of interest. The CITY OF AVENAL and the CITY OF CORCORAN warrant and represent that, prior to executing this Agreement, each had an opportunity to review this Agreement with counsel, legal or otherwise, which each deemed necessary, reasonable and appropriate to protect their respective interests.
(d) The CITY OF AVENAL and the CITY OF CORCORAN are knowingly, willingly and voluntarily executing this Agreement after an opportunity for advice and counsel, and with the understanding and intent that this Agreement shall be enforceable by and against each of them in accordance with its terms, and the Agreement will not be void or voidable due to any conflict of interest arising from PILF’s review of this Agreement for the respective parties.
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March 27, 2025 Pg.14
City of Hanford, California City of Lemoore, California City Manager City Manager
ATTEST: ATTEST:
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney City Attorney
City of Corcoran, California City of Avenal, California ___________________________________ _____________________________________ City Manager City Manager
ATTEST: ATTEST:
___________________________________ _____________________________________ City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
___________________________________ _____________________________________ City Attorney City Attorney
March 27, 2025 Pg.15
Presentación
6/27/22
Organización de Líderes Campesinas en California, Inc.
March 27, 2025 Pg.16
Agenda:
● Bienvenida- Welcome (2 minutos)
● Misión y Reflexión - Mission and Reflection (2 minutos) ● Presentación de todos presentes ( 9 minutos)
a. Rompe hielo: nombre y rol en su trabajo
● Base de nuestro trabajo y programas (25 minutos)
● Preguntas (10 minutos)
● Siguientes pasos (2 minutos)
a. Entrenamiento sobre el contexto cultural y MOU
● Gracias por su colaboración y asistencia
March 27, 2025 Pg.17
Misión/Mission
La misión de Líderes Campesinas es fortalecer el liderazgo de campesinas para que unidas sean el puente que logren los cambios sociales, económicos y políticos que aseguren sus derechos humanos.
The mission of Líderes Campesinas is to strengthen the leadership of farmworker women and youth so that together they can be agents of economic, social, and political change to ensure their human rights.
March 27, 2025 Pg.18
Objetivos/Meeting Goals
1. Compartir un poco de la
historia y trayectoria de LC
2. Mostrar como trabaja LC, de
manera general pero también
con un enfoque en el
acoso/asalto sexual
1. Share a bit of LC’s history
and trajectory
2. Show how LC works,
generally but also with a
focus on sexual assault
March 27, 2025 Pg.19
Historia & Trayectoria: los inicios
History & Trajectory: the beginning
- Mujeres Mexicanas, 1988
- Incorporación, 1997
Audelia
First Board of Directors,
1996
12 represented committees
12 comités representados
Lideres Campesinas is
incorporated as a 501 c3, in
1997
Se incorpora al Estado CA
1997 como 501 c3,en 1997
March 27, 2025 Pg.20
1. Coachella Adultas
2. Coachella Jóvenes/Youth
3. Costa Central/Central Coast
4. Fresno
5. Greenfield
6. Huron
7. Kern North
8. Kern South
9. Madera
10. Merced
11. Salinas
12. Soledad
13. Sonoma
14. Condado Ventura
15. Tulare
16. Valle Imperial
17. Napa
18. San Benito
Líderes Campesinas
cuenta con más de 270
mujeres y
adolescentes en 15
comunidades
organizadas.
Líderes Campesinas
counts with more than
270 women and
adolescents in 15
organized
communities.
Historia & Trayectoria: estado actual
History & Trajectory: current state
Extendiendo: Yolo
March 27, 2025 Pg.21
Historia & Trayectoria: enfoque en liderazgo
History & Trajectory: leadership focus
- Conocer las características de líderes eficientes
- Fortalecer estas características en la comunidad
- Brindar entrenamientos de asistencia técnica y liderazgo - conocer sus derechos
- informarse sobre asuntos (Violencia Domestica, acoso/asalto, inmigracion, carga pública, etc.)
- Trauma, resiliencia, salud mental, inteligencia emocional - Recognize effective leadership characteristics
- Strengthen these characteristics in the community (Health Ambassadors) - Provide training, focus on technical assistance and leadership - know your rights and resources
- gain knowledge on key issues (VD, acoso/asalto, immigration, census, etc.) - Trauma-informed care, resilience, mental health, emotional intelligence March 27, 2025 Pg.22
1996: Primera Mesa Directiva/First Board Meeting August 2019: Mesa Directiva Actual/Current Board Historia & Trayectoria: enfoque en liderazgo
History & Trajectory: leadership focus
March 27, 2025 Pg.23
Historia & Trayectoria: enfoque en liderazgo
History & Trajectory: leadership focus
First State-Wide Meeting, 1993, Fresno Second State-Wide Meeting, 2000, Riverside March 27, 2025 Pg.24
Historia & Trayectoria: enfoque en liderazgo
History & Trajectory: leadership focus
En 1998, se integra el
primer grupo de
jóvenes.
In 1998, the first youth
group is formed.
March 27, 2025 Pg.25
Historia & Trayectoria: enfoque en liderazgo
History & Trajectory: leadership focus
Líderes Campesinas participando en varios movimientos de lucha.
Líderes Campesinas continues to support various movements.
March 27, 2025 Pg.26
Historia & Trayectoria: acoso/asalto sexual
History & Trajectory: sexual assault
Con el apoyo del centro de
control de epidemias y CDC/
Oficina de Servicios de
Emergencia- CalOES
- primer entrenamiento se
contactan a mas de 15 mil
mujeres
1995: Violencia Doméstica
1997: Acoso Sexual
1995: Domestic Violence
1997: Sexual Assault
March 27, 2025 Pg.27
Programas y servicios/Programs & Services
Sexual Assault
Domestic
Violence
Sexual Abuse of
Minors Pesticides
March 27, 2025 Pg.28
Sexual Abuse of Minors
Healthier Solutions/Dollar Tree
Carga Pública
Immigracion
Condiciones laborales
Otros!
Public Charge
Immigration
Labor conditions
Many more!
Programas y servicios/Programs & Services
Poison Control
March 27, 2025 Pg.29
Cómo trabajamos/How we work
- Marchas/marches
- Vigilias/vigils
- Link a fotos de la vigilia
del comité de Salinas,
noviembre 2019
- Caravanas/caravans (Censo)
March 27, 2025 Pg.30
1995 iniciaron y ha
caracterizado a Líderes
Campesinas
Teatro/Theatre
- Acoso/asalto
- Violencia Doméstica
- Censo
Cómo trabajamos/How we work
March 27, 2025 Pg.31
2019 colaboracion con Justica
Campesina y CalOSHA
2019 collaboration with Farmworker
Justice and CalOSHA
Campesinas: 8 minute film for the prevention of
sexual assault/abuse on the field
Available in Spanish and Mixteco, English
subtitles:
https://youtu.be/RiuU6enKLAg
Cómo trabajamos/How we work
March 27, 2025 Pg.32
Alcance por medios y/o
redes sociales
Outreach through social
media
Mesas de
información/Info Booths
Cómo trabajamos/How we work
Reuniones en casa/comunidad
House/Community Meetings
March 27, 2025 Pg.33
Organizando la
comunidad,
alcance,
distribución de
información y
materiales
Community
organizing,
outreach,
material
distribution
Cómo trabajamos/How we work
March 27, 2025 Pg.34
Pesticides Awareness
Month of January
Mes de
concientización de
pesticidas
Domestic Violence Awareness
Month of October
Mes de concientización de
violencia doméstica
Cómo trabajamos/How we work
Sexual Assault
Awareness Month of
April - Abril mes de
concientizacion de
violencia sexual
March 27, 2025 Pg.35
Violencia Doméstica
Violencia Sexual Prevención de abuso
sexual de menores
Cómo trabajamos/How we work
March 27, 2025 Pg.36
In the news...
Cómo trabajamos/How we work
Involucrando a los noticieros
Working with the news media
March 27, 2025 Pg.37
Agencias, shelters, fiscalías, policía, sheriff, otros… Agencies, shelters, district attorney’s office, police department, sheriff, others...
Cómo trabajamos/How we work
March 27, 2025 Pg.38
- PROMOCIÓN DE LA EQUIDAD. PONER FIN A
LA VIOLENCIA SEXUAL (VALOR US)
- Denim Day - Dia del Pantalón de mezclilla
(2019, 2020)
- One Billion Rising:
- Video: Comités de Monterey, Feb 2020
Cómo trabajamos/How we work
March 27, 2025 Pg.39
Carta/Letter to Mr. and Mrs. Newsom https://harvestingi naglobalpandemic.
wordpress.com/
https://drive.google.
com/file/d/115z0Cv
Nn_di9E4CgrizisqD
4v_-Gqxga/view?us
p=sharing
Cómo trabajamos/How we work: Covid-19
Carta/Letter to Mr. and Mrs. Newsom
March 27, 2025 Pg.40
Abogacía COVID-19/Covid-19 advocacy
Cómo trabajamos/How we work: Covid-19
Abogacía Respuesta Covid/Covid Response Advocacy
March 27, 2025 Pg.41
Preguntas y Agradecimiento
Questions and a huge thank you!
March 27, 2025 Pg.42
Cómo ponerse en contacto/Contact Us
Oficina Central (para visitas o llamadas directas)
319 Lambert St, Suite D.
Oxnard CA, 93036
(805) 486-7776
Directora Ejecutiva:
Suguet Lopez, (909) 730-0626
[email protected]
Gerente de Programas:
Yunuen Ibarra (760) 668-5675
[email protected]
Coordinadora de Programas:
Claudia Quezada
(805)844-4754
[email protected]
www.liderescampesinas.org
YOUTUBE
INSTAGRAM
March 27, 2025 Pg.43
AVENAL POLICE DEPARTMENT
Cecilio Velasco, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
Chief’s Monthly Report
March 27, 2025
Organizational Priorities
I. Leadership Stability
• Commander Edward Rij continues to thrive in his new role. His growth over the past month has been impressive, and he continues to demonstrate strong leadership, clear judgment, and effective communication with both staff and the public. His ability to adapt and lead through complex situations has solidified his role as a key member of our executive team. • Corporal Darryll Van Deursen has successfully completed his orientation and is now serving as a Watch Commander. He has transitioned seamlessly into the role and is already proving to be a dependable leader, ensuring consistent supervision and support for his shift. His 20+ years of experience are bringing maturity and stability to the front lines. • Records Supervisor/Administrative Assistant Guadalupe Celis continues to elevate the standards of our records division. In addition to applying her POST-certified Records Management and Supervisory training, she is now leading efforts to prepare for upcoming audits and helping ensure we remain within budget. Her proactive mindset and attention to detail are helping us raise the bar in both operational efficiency and compliance. • Assistant Chief of Police Nevarez and I attended the California Police Chiefs Association Annual Training Symposium, where they participated in a variety of leadership workshops and training sessions. They engaged with police executives from across the state, sharing best practices and exploring innovative approaches to public safety leadership. These opportunities help ensure our department remains forward-thinking, collaborative, and aligned with modern policing standards.
• Across the department, we continue to maintain and reinforce high expectations for our supervisors, leaders, and field training officers. Our leadership culture emphasizes accountability, mentorship, and excellence in performance. Our Field Training Program remains an essential foundation for shaping new officers and cultivating the next generation of department leaders.
II. Recruit and Retain the Best
• Our department continues to actively recruit for Police Officer I/II and Sergeant positions. These efforts remain a top priority to ensure we maintain a high level of service and continue building a strong, well-rounded team.
• Officer Maria Miranda has successfully completed the Field Training Program and is now operating as a solo officer. Her dedication and performance throughout training were exceptional, and she is already making valuable contributions in the field.
March 27, 2025 Pg.44
AVENAL POLICE DEPARTMENT
Cecilio Velasco, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
• Our three recently hired officers are progressing well in their Field Training Program. They are building their foundational skills, developing sound judgment, and gaining practical experience under the mentorship of our seasoned Field Training Officers. • Erika Martinez, who now serves in a full-time capacity in our Property and Evidence Division, is scheduled to attend the POST-Certified Crime Scene Investigations Course (formerly known as the Field Evidence Technician Course) at Cal State Long Beach. This intensive training equips evidence personnel with the skills needed to properly identify, document, collect, and preserve physical evidence from crime scenes. Her participation in this course will further enhance the integrity and professionalism of our evidence-handling processes. • We currently have one police recruit in the background investigation phase. We remain optimistic about this candidate and look forward to the possibility of welcoming another new addition to our team in the near future.
III. International Model of Community Trust
• Our Community Service Unit continues to make meaningful strides in strengthening partnerships and fostering trust within the community. This month, the unit met with officials from the Scouts of America Exploring Program to initiate the launch of our very own Law Enforcement Explorer Post. This program will provide local youth with mentorship, leadership opportunities, and firsthand exposure to careers in public safety, helping to shape the next generation of community-minded leaders.
• In celebration of Read Across America, our officers and professional staff visited both Avenal Elementary and Tamarack Elementary Schools, where they spent time reading to students.
These moments of connection not only promote literacy but also help build positive relationships between our department and the youth of our community.
• Department representatives also actively participated in recent Rotary Club meetings, continuing our effort to remain engaged with civic and service organizations that share our commitment to community development and support.
• We are currently preparing to roll out our anti-bullying, anti-gang, anti-drug, and gun violence prevention campaigns funded through the Byrne SCIP grant. These targeted initiatives are designed to address real concerns within our city while building safer environments through education and early intervention.
• In addition, we successfully modified our FY 2024 COPS Hiring Grant to partially fund community engagement duties for our three newly hired officers. This adjustment allows us to further integrate them into community-building efforts, supporting both their professional growth and our department’s mission to foster trust and legitimacy.
• Finally, we’ve been actively planning our upcoming April Block Party, scheduled for April 25th.
This event promises to be a vibrant celebration of community spirit, offering residents a chance to engage with officers in a fun, informal setting while accessing valuable resources and support from our local partners.
March 27, 2025 Pg.45
AVENAL POLICE DEPARTMENT
Cecilio Velasco, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
IV. Among the Safest Cities in America
• Our city continues to experience safety and stability thanks to the ongoing success of our patrol strategies, proactive policing techniques, and the implementation of the Momentum Policing Model. This model, which emphasizes visibility, investigative depth, community engagement, and advanced technology, remains a guiding force in our operations and continues to yield promising results.
• As we continue to refine our public safety approach, we are now preparing to integrate enhanced technology into our model, beginning with the introduction of Flock Safety Cameras. These license plate recognition systems will be strategically placed at key ingress and egress points around the city to aid in crime prevention, investigative support, and real-time alerts for stolen or suspect vehicles. As previously emphasized, this type of technology is essential in modern policing, enabling faster response times, improved officer safety, and greater overall efficiency. • As I mentioned previously, Assistant Chief Nevarez and I attended the California Police Chiefs Association Training Symposium, where we met with Chiefs from neighboring jurisdictions and reconnected with regional partners, reinforcing our alliances and shared commitment to collaborative policing.
• I was also honored to serve as a panelist for the Chief of Police interview process in the neighboring community of Huron. Participating in this selection process not only allowed us to support a regional partner but also reaffirmed our commitment to elevating leadership standards across the profession.
• Most importantly, the model is strengthening community relations, creating a police force that is more efficient, responsive, and trusted by the community it serves. Full implementation remains the goal, and we are committed to continuing this progress to ensure Avenal remains one of the safest cities in America.
• I also attended our quarterly Kings County Major Crimes Task Force meeting, where I shared the progress our department has made and listened to the challenges, strides, and concerns presented by our regional partners.
• The Momentum Policing Model, while still maturing, continues to have a measurable impact. We have seen a continued decrease in certain crime categories, including vehicle thefts and assaults, and we are experiencing smoother operational flow within the department. These outcomes, combined with rising officer morale and increased community engagement, are helping us maintain Avenal’s reputation as one of the safest cities in the region—and among the safest in the nation.
V. Embrace Wellness Among Our Employees
• We continue to prioritize employee wellness by fostering open communication, encouraging community engagement, and promoting a supportive work environment. Assigning officers to attend community events has proven beneficial—not just for public trust, but for officer morale March 27, 2025 Pg.46
AVENAL POLICE DEPARTMENT
Cecilio Velasco, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
as well. These interactions remind our team of their impact and help reduce stress. We're always looking for practical ways to support our staff’s mental and emotional well-being, knowing that a healthy team leads to better service.
DATA FOR 2025
Month
Calls for Service Officer Initiated Activity Citations Traffic Collisions Arrests Field
Interviews
January 763 397 12 3 20 2
February 710 390 8 2 24 0
March 496 247 6 2 25 0
April
May
June
July
August
September
October
November
December
March 27, 2025 Pg.47
Date: March 27, 2025
To: The Honorable Avenal City Council
From: Kelsey George, City Planning Consultant
RE: Planning Activities
The following is brief summary of planning and zoning work conducted by our firm for the City of Avenal over the past month:
General:
• Respond to miscellaneous public and staff inquiries planning and zoning issues, processing of OpenGov Tasks, and reviewing business licenses.
Current Planning:
• 7th Avenue General Plan Amendment and Rezone
• Proposed GPA and Rezone in process now to change property on the NEC of Laneva and 7th Avenue from Public Facility to Commercial • Recommended approval by Planning Commission on March 3rd and being heard before City Council on March 27th
• Community Garden CUP
• Routed the project for department/agency comment
• The proposed CUP site is located on E Laneva and Skyline Blvd • Compost, garden beds, education
• Public hearing notice sent to Avenal on March 10th.
• Tentatively projected for Planning Commission on April 7th.
Long Range Planning:
• Housing Element APR
• Standard reporting form required by the State annually • Coordinate with Kings County on the Multi-Jurisdictional Housing Element March 27, 2025 Pg.48
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B-1
6. B
Special
Presentations/Reports:
Adam Sass,
Director of Strategic Sales
March 27, 2025 Pg.49
1 City of Avenal 3-27-2025
March 27, 2025 Pg.50
2 Cal.net Overview
Connecting Rural & Underserved Communities
with High-Speed Broadband Connectivity
Trusted provider backed by state and federal
grant funding
Proud Microsoft Airband partner committed to
digital equity
Serving 27+ counties across California — and
growing
Strong collaborations with local school districts,
cities, and county governments
25+ years of proven experience delivering lastmile connectivity March 27, 2025 Pg.51
3 The CAF-II federal
subsidy covers 20,859
households and
provides significant
adjacent market
opportunities.
This project will be
completed by the end
of 2025.
County Obligated
Locations
Obligated
Census Blocks
Potential Adjacent
Market Households
Alpine 74 12 917
Amador 38 8 3068
Butte 318 90 4837
Calaveras 332 53 14250
Colusa 48 17 282
Contra Costa 243 49 7382
El Dorado 330 44 6653
Fresno 1689 402 50194
Glenn 97 43 4066
Kern 163 73 5119
Kings 753 131 14985
Madera 387 96 16555
Mariposa 143 44 2757
Merced 1416 223 19788
Napa 895 52 1786
Nevada 1223 168 15205
Placer 221 27 6462
Sacramento 1542 171 20905
San Joaquin 1696 205 41245
Solano 2243 578 26199
Stanislaus 886 94 24097
Tehama 2325 343 15548
Tulare 978 195 28724
Tuolumne 988 162 20539
Yolo 1817 269 15285
Yuba 14 10 1361
Grand Total 20,859 3,559 368,209
Census Blocks
Census Block Groups
CAF-II Auction Subsidy Coverage
March 27, 2025 Pg.52
4 Madera County – Cal.net Partnership
Madera County has several areas that they had underserved residents, and they used government grants to build towers and provide subsidies to low-income residents and bridge the digital divide Keys to Success
Cal.net was able to build 3 new towers as well as access locations with an existing tower that we were working to bring up
Madera County used ARPA funds to build the 3 new towers, pay for all the CPE for customers and provide subsidies to low-income residents Cal.net is providing all the sales and installations for the residents Localized, reliable maintenance and repair
Impact
Workforce development – higher skills & better pay to help rural communities prosper and thrive
Upskilling workers with data training that allows career mobility Connectivity for workers, families and students in the community Sustainability practices that reduce environmental impact March 27, 2025 Pg.53
5 Fiber Broadband – Case Study
The Shingle Springs Band of Miwok Indians partnered with Cal.net to build a fiber-to-the-home network at its Rancheria. This technology upgrade supports education, emergency services, patient care, digital learning and economic development initiatives for the Tribe.
The partnership was made possible through the Tribal Broadband Connectivity Program (TBCP), a grant from the National
Telecommunications and Information Administration (NTIA) to bring fiber broadband infrastructure to the Rancheria.
In November 2023, Cal.net completed the FTTH project and is now connecting customers with up to 1G Fiber to home. We are the first Broadband Service provider to complete a FTTH project with NTIA on a Reservation
March 27, 2025 Pg.54
6 Solano County – Cal.net Partnership
Solano County is leveraging ARPA funds to expand broadband access for rural and underserved residents
Keys to Success
Cal.net will build 7 new towers in remote and unserved areas ARPA funds will support infrastructure and customer equipment Strong partnership with county officials ensures effective site selection and community engagement
Impact
Supports distance learning, telehealth, and economic
development
Increased broadband access for thousands of rural residents Promotes digital equity and inclusion across the county March 27, 2025 Pg.55
7 What Can Cal.net Do For You?
Ability to provide multiple solutions to fit your needs (e.g., fixed wireless, fiber, microwave, etc.)
In-house engineering, construction, and implementation team to support you through every step
Capability to serve communities no other provider can reach Local California business with deep knowledge of the state and local laws and regulations
We are more than just a Broadband Service Provider, we are your Partner!
We are committed to helping communities thrive through workforce development and educational opportunities
March 27, 2025 Pg.56
8 Additional Services for Customers
TV for Home and Business
Telephone for Home and
Business
Redundancy for Business
Managed WiFi
IOT offerings for different
Industries
Connectivity for
Everything!
March 27, 2025 Pg.57
9 Thank you!
Questions?
March 27, 2025 Pg.58
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
A V E N A L P L A N I N G C O M M I S S I O N
S T A F F R E P O R T
Date: March 27th, 2025
To: Avenal Planning Commission
From: Kelsey George, Planning Consultant
Subject: General Plan Amendment 2024-01 and Rezone 2024-01 (GPA and RZ) Application and related Environment Finding for two adjoining parcels totaling ±3.05 acres of property located north of Highway 33 and S Seventh Avenue intersection.
Summary/Recommendations:
GPA 2024-01 proposes to change the land use designation from Public Facility to Community Commercial and the zoning district from PF to CC. The request follows the Planning and Zoning Law (Government Code 65860(a)) that requires land use and zone districts to be compatible, meaning when the land use is amended a concurrent and compatible zone change must occur. It is recommended that the Planning Commission take the following actions:
1) Ask the City Planner to deliver the staff report;
2) Ask any questions of staff regarding the project;
3) Open the hearing to the public and ask for any public testimony; 4) Ask for a motion to approve the GPA2024-01 and RZ2024-01 by adopting:
a) Resolution 2025-XX: Approving General Plan Amendment 2024-01, which finds the Project exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3) and amends the land use designation for the subject Property from Public Facility to Community Commercial for two adjoining parcels totaling ±3.05 acres of property located north of Highway 33 and S Seventh Avenue intersection; and b) Ordinance 2025-01: Waiving the first reading and formally introducing Rezone 2024-01, which finds the Project exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3) and amends the zone district for the subject property from PF to CC or two adjoining parcels totaling ±3.05 acres of property located north of Highway 33 and S Seventh Avenue intersection.
EXECTUTIVE SUMMARY:
On November 14, 2024, the Avenal City Manager initiated a General Plan Amendment and Rezone Application No. 2024-01 which pertains to two (2) adjoining parcels, respectively referred to as Parcel A (APN: 040-320-009) & Parcel B (APN: 040-320- 014), totaling approximately ±3.05 acres in size and located near the northwest corner of Highway 33 and S Seventh Avenue within City limits (Figure A – Project Location).
Parcels A and B are currently planned and zoned for Public Facility.
March 27, 2025 Pg.59
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
Parcel A (APN: 040-320-009) is approximately ±1.58 acres and undeveloped, although some off-site improvements, including curb, gutter, and sidewalk, have been installed.
Parcel B (APN: 040-320-014) is approximately ±1.47 acres and is also undeveloped; however, there are no off-site improvements previously installed, and the parcel is currently ‘landlocked’, meaning it has no access from a public street. Access will have to be granted either off Highway 33/E Laneva Boulevard with Caltrans approval or through a reciprocal access easement with future development.
The subject property is located primarily surrounded by development to the north, east, and south and vacant to the west as shown below on Table 1.
TABLE 1: ADJACENT LAND USES
Land Use Designation Existing Land Use
North: High Density Residential West View Apartments
South: Agriculture/Open Space and Low
Density Residential
Vacant
East: Low Density Residential and High
Density Residential
Wonderful Wellness and Family
Resource Center and
Heathstone Village
West: Agriculture/Open Space Vacant
PROPOSAL AND ANALYSIS
General Plan Amendment
Avenal Municipal Code (AMC) Chapter 9.86 regulates the General Plan Amendment process within the City. The purpose of a general plan amendment is to allow changes to the Avenal General Plan text, Land Use Map, Circulation Map, or other elements.
GPA/RZ 2024-01 is requesting to amend the General Plan Land Use Map to modify the land use designation of the subject properties from the current Public Facility designation to Community Commercial designation (Figure B – Land Use Designation Map). Under the existing General Plan land use designation Public Facility is intended for governmental or institutional uses such as schools, hospitals, government buildings, and other public facilities. At this time, subject parcels are not currently serving any public facility functions.
If the subject parcels are amended to the Community Commercial land use designation, a broader range of commercial and service-oriented uses could be permitted, allowing for larger shopping centers and regional-serving businesses. The proposed land use designation would accommodate any future commercial development that aligns with the city's goals for economic development.
Rezone
The proposed change in land use designation also requires a change in the property’s assigned zone district. GPA/RZ 2024-01 is requesting to rezone the subject property March 27, 2025 Pg.60
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
from the current PF (Public Facility) zone district to the CC (Community Commercial) zone district. The CC zone district is associated with restaurants, shopping centers, grocery stores, retail stores, and more commercial services and is governed by Chapter
9.22 of the AMC. Although no physical project is proposed at this time, all future development will be required to comply with the applicable chapters of the AMC for uses and development standards, such as setbacks, height, parking, and landscaping.
Consistency With General Plan Goals And Policies
GPA/RZ2024-01 proposes to change the land use designations from Public Facility to Community Commercial which would not conflict with the goals and policies of the General Plan land use element. The following goals and policies reflect Avenal’s desire to maintain the tradition of responsible planning and well-managed growth to preserve the quality of life in existing neighborhoods and ensure the development of new neighborhoods with an equal quality of life.
Goal 3: Achieve an optimal balance of residential, commercial, industrial, and open space land uses.
§ Policy 3.8. Coordinate economic development with land use planning.
Goal 7: Ensure the continued viability Of Avenal’s' existing commercial areas. § Policy 7.1. Designate appropriate and sufficient commercial land for Avenal’s needs to the year 2035.
§ Action LU-7.1A Investigate and implement methods of accelerating the project review process for commercial and industrial development proposals which generate employment opportunities with appropriate phasing. § Policy 7.4. Encourage community commercial development in residential areas that serve the needs of the area and include site development standards which minimize negative impacts on adjacent properties.
§ Action LU-7.4A Identify potential sites for commercial development offering personal and convenience goods and services for nearby residential areas.
Such uses may be in new, in-fill, and/or consolidated existing strip commercial developments and at a scale which is compatible with surrounding residences.
Findings For General Plan Amendments And Rezone Applications Pursuant to Section 9.86.040 (General Plan Amendment Findings) and (Rezone Findings) of the AMC, the specific findings, or criteria, must be made before approving a general plan amendment or rezone application. Staff has concluded that all findings can be met and has attached them as Exhibit B for reference.
PLANNING COMMISSION ACTION
On March 3, 2025, the Avenal Planning Commission held a regularly schedule hearing in which they reviewed GPA/RZ2024-01. The Planning Commission unanimously voted to approve Resolution 2025-01, which recommends the City Council approve GPA/RX2024-
01. March 27, 2025 Pg.61
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
NOTICE OF CITY COUNCIL HEARING
On or before March 17, 2025, notices were mailed to all property owners within a 300- foot radius of the proposed project and a Notice of Public Hearing was published in the paper of record. At the time this staff report was written, no comments had been received.
ENVIRONMENTAL FINDINGS
GPA/RZ 2024-01 is exempt from review for environmental impacts as a “commonsense” exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act, because it can be seen with certainty that there is no possibility that granting the general plan amendment and rezone will have a significant impact on the environment. Since public facilities allow uses such as auditoriums and convention centers, the change to commercial land use would not generate any additional environmental impacts beyond those analyzed in the general plan.
CONCLUSION
Planning Staff has reviewed the project for land use change consideration only. Based on the analysis provided within the staff report, Staff believes the land use change is suitable for this site and all applicable findings can be made. Following Planning Commission action, GPA/RZ2024-01 will be forwarded to the City Council for final action.
EXHIBITS
A. Resolution 2025-23
B. Ordinance 2025-01
C. Required Municipal Code Findings for General Plan Amendments and Rezones D. CEQA Notice of Exemption
March 27, 2025 Pg.62
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
FIGURE A PROJECT LOCATION
March 27, 2025 Pg.63
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
FIGURE B: LAND USE DESIGNATION MAP
March 27, 2025 Pg.64
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
EXHIBIT C: ZONING MAP
Subject Site:
March 27, 2025 Pg.65
Report to Avenal City Council (03/27/2025)
General Plan Amendment and Rezone
Subject Site:
March 27, 2025 Pg.66
zBEFORE THE CITY COUNCIL OF
THE CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENAL APPROVING GENERAL PLAN AMENDMENT
(GPA) 2024-01 APPLICATION AND RELATED
ENVIRONMENTAL FINDING FINDS THE PROJECT
EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15061 (B)(3) AND AMENDS THE LAND USE
DESIGNATION FOR THE SUBJECT PROPERTY FROM
PUBLIC FACILITY TO COMMUNITY COMMERCIAL FOR
TWO ADJOINING PARCELS TOTALING ±3.05 ACRES OF
PROPERTY LOCATED NORTH OF HIGHWAY 33 AND S
SEVENTH AVENUE INTERSECTION
RESOLUTION 2025-23
WHEREAS, on November 14, 2024 the Avenal City Manager initiated a General Plan Amendment (GPA2024-01) which pertains to two (2) adjoining parcels, respectively referred to as Parcel A (APN: 040-320- 009) & Parcel B (APN: 040-320-014), totaling approximately ±3.05 acres in size and located near the northwest corner of Highway 33 and S Seventh Avenue within City limits; and WHEREAS, GPA2024-01 proposes to change the land use designation from Public Facility to Community Commercial; and
WHEREAS, staff reviewed the proposal in accordance with the requirements of the Avenal Municipal Code and Avenal General Plan; and
WHEREAS, staff concluded that GPA2024-01 is proposed in such a way and is found to be consistent with the Avenal Municipal Code and Avenal General Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an exemption was prepared in accordance with CEQA Guidelines Section 15061(b)(3) for GPA2024-01; and WHEREAS, pursuant to Avenal Municipal Code section 9.70.070 the Planning Commission is the advisory for matters relating to General Plan Amendments and has the authority to review and make recommendations to the City Council concerning General Plan Amendments generally and GPA2024-01 specifically; and
WHEREAS, on March 3, 2025, the Avenal Planning Commission held a duly noticed hearing during its regularly scheduled date and time to hear matters related to GPA2024-01 and unanimously approved Resolution 2025-01, which recommends the Avenal City Council approve GPA2024-01; and WHEREAS, in accordance with the AMC Section 9.70.100, the City Clerk caused the legal advertisement to be published as is required by law ten (10) days prior to the City Council hearing date; and WHEREAS, in accordance with the AMC Chapter 9.70, the City Council held a duly noticed public hearing at which the Council received a staff report and related information, environmental documents, and considered public testimony regarding the general plan amendment; and March 27, 2025 Pg.67
UPON MOTION OFCOUNCILMEMBER__ , SECONDED BY
COUNCILMEMBER , THE FOLLOWING WAS PASSED
AND APPROVED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON MARCH 27, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
MAYOR
CITY OF AVENAL
MARIA A. ORTIZ, City
Clerk CITY OF
AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION:
1. Found the foregoing recitals to be true, correct, and incorporated herein.
2. Found the Project exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
3. Hereby finds the proposed GPA 2024-01 satisfies the required findings for approval as identified in Sections 9.84 and 9.86 of the Avenal Municipal Code and as outlined in the Staff Report dated March 27, 2025.
4. Authorized the City Manager, City Clerk, City Attorney, and all relevant City staff to take all steps reasonably necessary, proper, and/or convenient to carry out the terms and conditions of this resolution.
March 27, 2025 Pg.68
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENAL WAIVING THE FIRST READING AND FORMALLY
INTRODUCING REZONE 2024-01, WHICH FINDS THE
PROJECT EXEMPT FROM CEQA PURSUANT TO CEQA
GUIDELINES SECTION 15061 (B)(3) AND AMENDS THE
ZONE DISTRICT FOR THE SUBJECT PROPERTY FROM PF
to CC FOR TWO ADJOINING PARCELS TOTALING ±3.05
ACRES OF PROPERTY LOCATED NORTH OF HIGHWAY 33
AND S SEVENTH AVENUE INTERSECTION
ORDINANCE 2025-01
WHEREAS, on November 14, 2024 the Avenal City Manager initiated a Rezone application (RZ2024-01) which pertains to two (2) adjoining parcels, respectively referred to as Parcel A (APN: 040-320- 009) & Parcel B (APN: 040-320-014), totaling approximately ±3.05 acres in size and located near the northwest corner of Highway 33 and S Seventh Avenue within City limits; and WHEREAS, RZ2024-01 proposes to change the zone district from PF to CC; and WHEREAS, staff reviewed the proposal in accordance with the requirements of the Avenal Municipal Code and Avenal General Plan; and
WHEREAS, staff concluded that RZ2024-01 is proposed in such a way and is found to be consistent with the Avenal Municipal Code and Avenal General Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an exemption was prepared in accordance with CEQA Guidelines Section 15061(b)(3) for RZ2024-01; and WHEREAS, pursuant to Avenal Municipal Code section 9.70.070 the Planning Commission is the advisory for matters relating to Rezones and has the authority to review and make recommendations to the City Council concerning Rezones generally and RZ2024-01 specifically; and WHEREAS, on March 3, 2025, the Avenal Planning Commission held a duly noticed hearing during its regularly scheduled date and time to hear matters related to RZ2024-01 and unanimously approved Resolution 2025-01, which recommends the Avenal City Council approve RZ2024-01; and WHEREAS, in accordance with the AMC Section 9.70.100, the City Clerk caused the legal advertisement to be published as is required by law ten (10) days prior to the City Council hearing date; and WHEREAS, in accordance with the AMC Chapter 9.70, the City Council held a duly noticed public hearing at which the Council received a staff report and related information, environmental documents, and considered public testimony regarding the rezone; and
March 27, 2025 Pg.69
UPON MOTION OFCOUNCILMEMBER__ , SECONDED BY
COUNCILMEMBER , THE FOLLOWING WAS PASSED
AND APPROVED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON MARCH 27, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
MAYOR
CITY OF AVENAL
MARIA A. ORTIZ, City
Clerk CITY OF
AVENAL
* * * * * * * * * * * * * * * * * *
THE CITY COUNCIL OF THE CITY OF AVENAL DOES ORDAIN AS FOLLOWS:
1. The City Council hereby waives the first reading and formally introduces RZ2024-
01. 2. The City Council made all the required findings necessary to approve a rezone application pursuant to Section 9.86.040 of the Avenal Municipal Code.
3. The Official Zoning Map of Avenal shall be revised to reflect the change to the subject Property, formerly identified by Kings County Accessor as Accessors Parcel Numbers (APNs) as 040-320-009 and 040-320-014, from PF to CC.
4. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if such invalid portion thereof had been deleted.
5. This ordinance shall take effect thirty (30) days after its passage and adoption.
6. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation.
March 27, 2025 Pg.70
EXHIBIT B
Required Municipal Code Findings for General Plan Amendments and Rezones FINDINGS FOR GENERAL PLAN AMENDMENTS – 9.86.040
1. The amendment is internally consistent with the goals, policies, and actions of the General Plan and this title.
Although the request modifies the General Plan Land Use Map, the proposed amendment remains internally consistent with the General Plan’s goals, policies, and actions. Specifically, it aligns with the City's objectives of supporting commercial development, maintaining a balanced land use mix, and coordinating economic development with land use planning. Therefore, the amendment upholds the General Plan’s intent and vision.
2. The amendment would not be detrimental to the public interest, health, safety, or welfare of the community.
This amendment will not negatively impact public interest, health, safety, or welfare. Instead, it would increase commercial opportunities, generate employment, and enhance local tax revenue, benefiting nearby residential areas without negatively affecting adjacent properties.
Additionally, any future development will undergo project-specific review to ensure compliance with all applicable regulations, including CEQA. This process will confirm compatibility with adjacent land uses and protect community well-being.
3. The amendment would maintain the appropriate balance of land uses within the city.
This amendment preserves the city's land use balance by converting the designation from Public Facility to Community Commercial, addressing Avenal’s shortage of commercial space. The change improves accessibility for residents and businesses, supporting a well-distributed land use pattern that aligns with the City's development goals.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
The proposed Community Commercial land use is compatible with both existing and future surrounding uses. Any future development will be subject to city review processes to ensure compliance with development standards, including setbacks, landscaping, building scale, and parking requirements. These standards will ensure that the project integrates harmoniously with its surroundings while minimizing potential impacts.
March 27, 2025 Pg.71
FINDINGS FOR ZONING ORDINANCE AMENDMENTS – 9.84.030
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.
Similar to the General Plan Amendment findings, the proposed rezone is consistent with the General Plan’s goals and policies, which promote economic development and commercial opportunities. This amendment enhances the potential for commercial uses that serve both local and regional residents.
2. The amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the community.
Similar to the General Plan Amendment findings, this rezone will not negatively impact the public interest, health, or safety. Instead, it will increase commercial options, create jobs, and generate tax revenue while maintaining compatibility with surrounding properties.
3.The amendment would maintain the appropriate balance of land uses within Avenal.
By converting the designation from Public Facility to Community Commercial, this amendment addresses the city’s need for additional commercial spaces, improving accessibility and fostering a well-distributed land use pattern. This supports the City’s long-term development goals and ensures a balanced mix of residential, commercial, industrial, and open space uses.
4. The anticipated land use on the subject site would be compatible with existing and future surrounding uses.
The proposed CC (Community Commercial) zone is compatible with both existing and planned surrounding uses. Future development will be subject to City development standards, including setbacks, landscaping, building scale, and parking requirements, ensuring compatibility and minimizing potential impacts.
5.The proposed amendment will not have a significant impact on the environment.
The proposed zone change has been reviewed under CEQA and determined exempt from further environmental review under Section 15061(b)(3). This is because there is no possibility that granting the amendment and rezone will have a significant environmental impact.
Additionally, since Public Facility zoning allows high-intensity uses such as auditoriums and convention centers, the conversion to commercial land use would not introduce any additional environmental impacts beyond those already analyzed in the General Plan.
March 27, 2025 Pg.72
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Avenal 919 Skyline Blvd Avenal, CA 93204 Kings County Government Center Hanford, California 93230 Kings General Plan Amendment and Rezone 2024-01 City of Avenal City of Avenal- located N of Highway 33 and S Seventh Avenue intersection. Avenal Kings County The proposed project proposes a General Plan Amendment and Rezone to change the land use designation from Public Facility to Community Commercial and the zoning district from PF to CC. City of Avenal City of Avenal; 919 Skyline Blvd, Avenal, CA 93204 ✔✔ CEQA Guidelines Section 15061(b)(3).
The City of Avenal has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a project is exempt from CEQA. Since it can be seen with certainty that the proposed project has no potential to have a significant adverse effect on the environment, the City of Avenal has determined that the proposed project is considered to be exempt from CEQA pursuant to CEQA
Guidelines Section 15061(b)(3) - Common Sense Exemption. Kelsey George, Contract Planner 559-802-3052 ✔ City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 9 – A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager, by
Cecilio Velasco, Chief of Police
DATE: March 27, 2025
RE: Consider Approval of Agreement with Flock Group Inc. for Citywide ALPR Camera System Funded by COPS Funds
INFORMATION:
The Avenal Police Department is seeking approval to enter into a 24-month agreement with Flock Group Inc. for the implementation of a citywide Automated License Plate Recognition (ALPR) camera system.
The system, provided by Flock Safety, will enhance our public safety capabilities through real-time alerts, intelligent investigative tools, and expansive inter-agency collaboration.
Under this agreement, the City will receive a total of 10 ALPR cameras—a mix of solar-powered and standard units—strategically installed at all major ingress and egress points, as well as key thoroughfares throughout Avenal. These cameras will form a comprehensive virtual perimeter around the city, capturing license plate data and vehicle characteristics 24/7. This design not only aids in identifying and locating vehicles involved in crimes but also serves as a visible deterrent to those seeking to bring criminal activity into the community.
The system acts as a force multiplier, equivalent to having approximately five police officers assigned around-the-clock at the city’s major ingress and egress locations. The cameras never sleep, never blink, and continuously capture data that can assist in solving crimes, locating suspects, and recovering stolen property. This allows sworn personnel to be redirected toward calls for service, community engagement, and investigations, while the ALPR system passively monitors for threats.
The Flock Safety platform includes Vehicle Fingerprint™ technology, access to statewide and nationwide law enforcement camera networks, and powerful tools to search by make, model, color, partial plates, and unique features. The system integrates seamlessly into the department’s investigative and response workflows, supporting our Momentum Policing Model and strengthening collaboration with allied agencies.
This project not only enhances our technological capabilities but reinforces our commitment to keeping Avenal one of the safest cities in the region.
The total cost of the agreement is $59,300.00 over a 24-month term. This includes:
• $32,900.00 due at contract signing for hardware, installation, and professional services, and • $26,400.00 in annual recurring subscription costs beginning in year two.
This project will be fully funded through COPS funds, with no impact to the General Fund. Future recurring costs will be incorporated into COPS budget planning for subsequent fiscal years as part of the department’s ongoing technology modernization and crime prevention strategy. Additionally, the department will actively seek other funding opportunities and grants to support the long-term sustainability and potential expansion of the ALPR program.
March 27, 2025 Pg.74
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 9 – A
RECOMMENDATION:
Staff recommends, by Resolution, the approval of the agreement with Flock Group Inc., attached hereto as ATTACHMENT B, for the purchase, implementation, and subscription of ALPR technology and related services for the Avenal Police Department.
FISCAL IMPACT:
Police Department – Utilize existing COPS funds for FY 2024/2025, and plan accordingly in future fiscal years, including FY 2025/2026, to support ongoing subscription costs and potential program expansion.
March 27, 2025 Pg.75
Camera Locations: Locations have been approved by our team! AVENAL PD - Camera Locations March 27, 2025 Pg.76
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Approval of Agreement with Flock Group
Inc. for Citywide ALPR Camera System
RESOLUTION 2025-_24_
WHEREAS, the Avenal Police Department seeks to enhance public safety through the deployment of a citywide Automated License Plate Recognition (ALPR) camera system; and
WHEREAS, the proposed 24-month agreement with Flock Group Inc. includes the purchase, installation, and subscription of ten ALPR cameras strategically placed throughout the City of Avenal; and
WHEREAS, it the ALPR system will support the department’s Momentum Policing Model by enabling real-time alerts, intelligent investigative tools, and regional law enforcement collaboration; and
WHEREAS, the total cost of the system is $59,300.00 over two years, including $32,900.00 due at contract signing and $26,400.00 in annual recurring subscription fees beginning in year two; and
WHEREAS, the full cost of this program will be covered by COPS grant funds, with no impact to the General Fund, and future recurring costs will be incorporated into future COPS budget planning;
March 27, 2025 Pg.77
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 March 27, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Approves the Agreement for the purchase, installation, and subscription of a citywide Automated License Plate Recognition (ALPR) camera system with Flock Group Inc., as set forth in ATTACHMENT B to this resolution;
3. Approved the City of Avenal’s participation in the Flock Safety agreement described in ATTACHMENT B, for a total cost of $59,300.00 over 24 months, with an initial payment of $32,900.00 and an annual recurring fee of $26,400.00 beginning in year two, and authorized this cost to be funded through COPS grant funds;
4. Unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the ALPR system costs approved by this resolution shall be considered funded under the current and future Police Department budget utilizing designated COPS funds or other external funding sources as available;
5. Authorized the City Manager, City Clerk, City Attorney, and all relevant City staff to execute the agreement attached as ATTACHMENT B and to take all steps reasonably necessary, proper, and/or convenient to carry out the terms and conditions of this resolution.
* * * * * * * * * * * * * * * * * *
March 27, 2025 Pg.78
Flock Safety + CA - Avenal PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Lupe Wood
[email protected]
8325998244
March 27, 2025 Pg.79
EXHIBIT A
ORDER FORM
Customer: CA - Avenal PD Initial Term: 24 Months
Legal Entity Name: CA - Avenal PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 317 E Alpine St Avenal, California 93204 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $26,400.00
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety Bundles
Dual Solar LPR - Standard Bundle, fka Falcon Included 3 Included Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 4 Included
Solar LPR, fka Solar Falcon Included 6 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 2 $1,300.00 Professional Services - Electrical Implementation
Fee $1,250.00 2 $2,500.00
Professional Services - Solar Bundle Implementation
Fee $900.00 3 $2,700.00
Subtotal Year 1: $32,900.00
Annual Recurring Subtotal: $26,400.00
Estimated Tax: $0.00
Contract Total: $59,300.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
March 27, 2025 Pg.80
The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.
March 27, 2025 Pg.81
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $32,900.00
Annual Recurring after Year 1 $26,400.00
Contract Total $59,300.00
*Tax not included
March 27, 2025 Pg.82
Product and Services Description
Flock Safety Platform Items Product Description
FlockOS ™ - Essentials
An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community.
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Dual Solar LPR - Standard Bundle,
fka Falcon Two solar-powered fixed standard-range LPR cameras on the same pole Professional Services - Electrical
Implementation Fee Electrical connection and maintenance services for AC powered devices by Flock qualified electrical workers.
Solar LPR, fka Solar Falcon
Standard range license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE
Professional Services - Solar
Bundle Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
FlockOS Features & Description
FlockOS Features Description
Community Network Access
The ability to request direct access to feeds from privately owned Flock Safety LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.
Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state.
Nationwide Network (License Plate Lookup Only)
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.
Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling greater situational awareness and a common operating picture.
Real-Time NCIC Alerts on Flock ALPR Cameras
Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI's National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.
Unlimited Custom Hot Lists Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock camera
March 27, 2025 Pg.83
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Avenal PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
March 27, 2025 Pg.84
1 Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
March 27, 2025 Pg.85
2 1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.
1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.
1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.
1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.10 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
March 27, 2025 Pg.86
3 1.12 “Integration Data” means any distribution of data from a Customer requested third party integration.
1.13“Installation Services” means the services provided by Flock for installation of Flock Services.
1.14 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.
1.15 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.
1.16 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.
1.17 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.
Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
March 27, 2025 Pg.87
4 2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).
Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.
Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
March 27, 2025 Pg.88
5 2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).
Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.
In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and March 27, 2025 Pg.89
6 ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such March 27, 2025 Pg.90
7 Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, “Recipient”).
Upon such request, Customer hereby grants to Flock a non-exclusive, non-transferable, royaltyfree, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock’s standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any March 27, 2025 Pg.91
8 such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
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9 5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.
6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net March 27, 2025 Pg.93
10 amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and
11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole March 27, 2025 Pg.94
11 discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRDPARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER’S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit B.
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12 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL
KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS
THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,
EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE
ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT
ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION
11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS March 27, 2025 Pg.96
13 NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
March 27, 2025 Pg.97
14 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
March 27, 2025 Pg.98
15 11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the March 27, 2025 Pg.99
16 chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts.
Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.
Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or March 27, 2025 Pg.100
17 commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.
11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost. .
March 27, 2025 Pg.101
18 FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
March 27, 2025 Pg.102
19 EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (i) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (ii) Flock’s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Workers Compensation insurance in accordance with statutory limits; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
March 27, 2025 Pg.103
20 (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
March 27, 2025 Pg.104
-1-
A V E N A L C I T Y C O U N C I L
S T A F F R E P O R T
Date: March 27, 2025
To: Avenal City Council
From: Antony V. López, City Manager
RE: Review Backyard Chickens Application Process, and Adopt Associated Recommendation
Staff recommends that the City Council review the following information and adopt Resolution 2025-25 to update Avenal’s adopted fee schedule, incorporating a new fee for Backyard Chickens. Once adopted, Staff will work to incorporate all the application instructions and documents into OpenGov where applications will be processed and open to the public ASAP.
Discussion
In October 2024, the City Council adopted a Comprehensive Zoning and Subdivision Ordinance (the Ordinance), which rescinded and replaced the previous ordinance. The Ordinance Update was undertaken to modernize outdated policies and align the City’s regulations with the Avenal General Plan and current State Law. While many of the changes were routine, the update also introduced certain provisions specific to the community, including the Backyard Chicken Ordinance.
The Backyard Chicken Ordinance is codified in Chapter 9.60 – Specific Land Use Standards.
This chapter outlines specific uses that require additional review and operational standards, even when generally permitted within city limits. Section 9.60.080 (Chickens on Residentially Zoned Parcels) details the Backyard Chicken Ordinance, including standards on the maximum number of chickens allowed, chicken coop design requirements, and prohibited uses. The Backyard Chicken Ordinance is included as Exhibit A.
To ensure compliance with the Backyard Chicken Ordinance, the City has established an application packet and procedure specifically for this use (Exhibit B). The application process includes provisions for maintaining chicken coops and conducting annual inspections.
However, the City’s existing fee schedule does not include an appropriate fee that both ensures accessibility for residents and recovers administrative costs. The current home occupation fee ($250) is the closest comparable fee but is expected to be too high for residents to reasonably participate in the program. The Backyard Chicken Ordinance is a response from the community who have voiced a desire to keep backyard chickens. In order to keep the application process accessible to the community, a reduced fee of $100 has been established to promote accessibility of the program.
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Report to Avenal City Council (March 27, 2025)
Backyard Chicken Fee Analysis
To support the effective implementation of the Backyard Chicken Ordinance, staff proposes adding two new fees to the City’s Fee Schedule, as detailed in Exhibit C:
• Application Fee: $100 (one-time fee for processing the application and conducting the initial inspection)
o For the remainder of the 2024-2025 Fiscal Year, which runs now through June 31st, 2025, the initial application fee will be reduced to $50. The prorated amount will only be available the first year due to the limited amount of time left in the fiscal year. Property owners will be responsible for the full application fee, regardless of time of year, starting July 1, 2025 and on.
• Renewal/Inspection Fee: $50 (annual fee, due at the start of the fiscal year in June/July, for ongoing compliance inspections)
• Late Renewal Fee: $25 (allow late renewals in the month of August).
These fees are recommended as additions to the existing Fee Schedule to account for the administrative processes associated with the Backyard Chicken Ordinance.
Conclusion
Staff recommends that the City Council review the proposed Fee Schedule update, which includes the new fees for the Backyard Chicken Ordinance, and adopt the new fees as proposed. Once adopted, Staff will work to incorporate all the application instructions and documents into OpenGov where applications will be processed and open to the public ASAP.
Attachments
• Exhibit “A” (Backyard Chicken Ordinance)
• Exhibit “B” (DRAFT Backyard Chicken Application Packet) • Exhibit “C” (Proposed Fee Schedule)
• Resolution 2025-25
March 27, 2025 Pg.106
City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 198 2024
9.60.080 Chickens on Residentially-Zoned Parcels
A. Purpose. The purpose of this section is to define standards that regulate the keeping of chickens on single-family residential parcels while protecting the health, safety, and welfare of the community.
B. Applicability. This article applies to all Single-Family Residential Zones (R-1) within the City of Avenal.
C. Definitions:
1. "Chickens on Residentially-Zoned Parcels" or "chicken" shall mean Gallus gallus domesticus and does not include other fowl, such as, but not limited to peacocks, turkeys, or water fowl.
2. "Chicken coop" or "coop" shall mean an enclosed structure for housing chickens that provides shelter from the elements.
3. "Chicken run" or "run" shall mean an enclosed outside yard for keeping chickens.
4. "Rooster" shall mean a male chicken.
5. "Single-Family Residential" shall mean the following residential zones: “R-1”.
D. Maximum allowable backyard chickens.
1. In the Single-Family Residential Zone (R-1), a maximum of six (6) chickens shall be permitted per legal parcel.
E. Standards for Backyard Chickents.
1. General Requirements.
a. The raising of backyard chickens shall only be allowed on properties containing a single-family dwelling with fenced rear and side yard areas. b. Chickens shall be provided with a covered roosting area (chicken coop) and an enclosed area in which chickens are allowed to walk and run (a chicken run). c. Chickens shall be contained within the coop, run, or contained within the property boundary at all times.
d. Electrical power supplied to a chicken coop shall be installed under an appropriate building permit.
2. Design Requirements
a. All chickens shall be housed in a coop that is designed to:
i. Be predator-resistant from the sides, top, and bottom, and the chicken run shall be predator-resistant from the sides and top.
ii. Be shall designed and maintained to be well-drained onto the property. There shall be no standing water.
iii. Be thoroughly ventilated;
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City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 199 2024
iv. Be easily accessed and cleaned;
1. All grains or other loose feed must be stored in containers with tightly fitting lids to prevent the entrance of vermin.
2. Animal waste must be removed and disposed properly in gray or inorganic waste containers.
v. Contain one nesting box with no less than one cubic foot for every four (4) chickens;
vi. Contain a coop area of no less than five (5) square feet per chicken, excluding nesting boxes; and
vii. Contain the chicken roost(s), feeder(s), and water. b. The chicken run shall be attached to the chicken coop allowing the chickens direct access to and from the chicken coop and be be predator-resistant from the sides and top.
c. Yards
i. Front yards: The chicken coop and run shall be located on the rear of the property and behind the residence. For parcels that have a frontage on two (2) sides, the coop and run shall be located on the rear portion of the property that is opposite the side providing street access, with the remaining front having a minimum front yard setback of twenty-five (25') feet from the property line. ii. Side and rear yards: The coop and run must be located at least twenty (20') feet from the nearest adjoining residence or ten (10') feet from any property line, whichever is greater.
d. Height. The chicken coop and run shall not exceed seven (7') feet in height.
3. Prohibited Uses
a. The following uses shall be prohibited within the Single-Family Residential (R-1) zoning:
i. Commercial sales of chicken eggs.
ii. Slaughtering processes.
iii. Roosters.
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City of Avenal
Residential Chickens Permit – Approval Process Adopted March 27, 2025 Residential Chickens Permit: Approval Process
Backyard Chickens in the City of Avenal
Interested in keeping backyard chickens? The City of Avenal is excited to support residents in keeping backyard chickens responsibly! This guide will walk you through the simple steps to start raising chickens on your residential property while complying with city regulations.
With an approved Residential Chickens Permit, you'll enjoy the benefits of backyard chickens. Let’s get started! The steps required to keep backyard chickens are as follows:
STEP 1: Understand the Requirements
Before getting started, review the Backyard Chicken Ordinance found in Chapter 9.60.080 of the Avenal Municipal Code. This ordinance outlines:
• Maintenance requirements for backyard chickens.
• Prohibitions or restrictions on keeping chickens in residential areas.
Also take a look at and review the City of Avenal Backyard Chicken Offense & Compliance Enforcement Policy and City of Avenal Backyard Chicken Compliance & Forfeiture Policy which outline ownership responsibilities and regulations.
STEP 2: Complete the Application
Fill out the Residential Chickens Permit application available on the city's Open Gov Portal. Be sure to:
• Select Residential Chicken Permit on the application. • Provide all required details to avoid delays in processing. Please utilize the ‘Project Description / Use Proposed’ section to clarify the number of chickens and coop dimensions you intend on building. Structures larger than 120 square feet require a separate building permit.
• The Community Development Department will look at the application and determine if all required documents will be accepted based on the guidelines given. When approved it will be forwarded to Animal Control and Code Enforcement for pre-inspection. At this point, the department should have received a plot outline and site plan. • Application Review will take about 2 weeks.
STEP 3: City Inspection
Animal Control or Code Enforcement will review the site plan and give any recommendations. After the inspection of the property has been approved, it will be forwarded to the Finance Department for payment. • Animal Control or Code Enforcement will contact you within 2 weeks after Application Review to schedule an inspection.
If you have not been contacted for an inspection date after 2 weeks, contact Animal Control at 559-401-5163 to schedule one.
The inspector will:
• Ensure your property meets all requirements in the ordinance. • Check the setup of your chicken coop and surrounding area for compliance.
STEP 4: Obtain Final Approval
After passing the inspection and submitting payment to the Finance Department, the City Manager or designee will review your application for final approval. Once signed off, you're officially permitted to keep backyard chickens! • Complete Approval Process will take up to 30 days.
STEP 5: Schedule Annual Inspection and Renew Permits
To maintain your Residential Chickens Permit for backyard chickens, you must:
• Schedule an Annual Inspection: Contact the Animal Control annually and at least two weeks prior to the expiration of the Residential Chickens Permit to schedule an inspection. This ensures your property continues to meet all ordinance requirements.
• Renew Your Permit: Complete the renewal process, including payment of applicable fees.
Failure to renew your permit by the required deadline will result in the revocation of your Residential Chickens Permit. If this happens, you’ll need to reapply and pay all associated fees to reestablish your permit.
GENERAL INFORMATION
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City of Avenal
Residential Chickens Permit – Approval Process Adopted March 27, 2025 HOW-TO GUIDE: Residential Chickens Permit Approval Process FREQENTLY ASKED QUESTIONS (FAQ): Backyard Chickens
1. How many chickens can I have?
Local regulation allows residents to keep up to 6 chickens at any given time. This includes all chickens, regardless of age. Exceeding this limit may result in the revocation of the backyard chicken home occupation permit.
2. Are Roosters allowed?
No, roosters are not permitted under any circumstances. Additionally, the following activities are prohibited:
• Commercial sale of eggs
• Slaughtering processes at residential properties
3. How do I make my Chicken Coop Predator-Resistant? (Please see the diagram provided) Here are a few tips to protect your chickens from predators:
• Raise the coop above ground level. Rasing the coop may discourage rats and other pests from entering the coop and stealing eggs, chicken feed, and even chickens. • Bury mesh around the coop. Having at least a foot deep of mesh buried around the coop will prevent predators from digging and entering the coop from underneath. • Hardware cloth. Utilize hardware cloth around the entire perimeter of the coop instead of chicken wire to keep chickens in and predators out.
• Keep the coop clean & use secure door latches and two-step locks. Make sure the chicken coop is well maintained and clear of food and waste, as well as plants and other shrubs to eliminate places for predators to hide
4. How do I keep track of my annual inspection? Is there a fee? While the City will make effort to send a reminder about your permit expiration, it is your responsibility to track and schedule the annual inspection before your permit expires. • Permits are valid for one fiscal year: July 1 – June 30 • Renewals should begin in June and must be completed by the last business day in July. • If you renew late (in August only), a $25 administrative fee will be added. • Late renewals will not be accepted after August.
• The annual inspection and renewal carries a $50 renewal fee. • If your permit expires without renewal, you will need to submit a new application and pay the full Residential Chickens Permit fee to reestablish your permit.
STEP 1: Understand Requirements
STEP 2: Complete Application
STEP 3: City Inspection
STEP 4: City Manager Approval
STEP 5: Annual Inspection and Renewal
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City of Avenal
Residential Chickens Permit – Approval Process Adopted March 27, 2025 March 27, 2025 Pg.111
City of Avenal
Residential Chickens Permit – Approval Process Adopted March 27, 2025 Backyard Chickens Policies
City of Avenal Backyard Chicken Compliance & Forfeiture Policy In accordance with the Backyard Chicken Ordinance (Chapter 9.60.080 of the Avenal Municipal Code), all residents keeping backyard chickens must comply with the established regulations and permit conditions. Failure to comply with these regulations will result in enforcement actions, including but not limited to the removal and forfeiture of chickens.
1. Escaped Chickens
o Chickens found roaming outside the owner's property without immediate recovery by the owner will be considered stray and subject to capture by Animal Control or Code Enforcement. o Any captured stray chickens will become the property of the City of Avenal and will not be returned to the original owner. The City reserves the right to relocate, rehome, or otherwise dispose of these chickens as deemed necessary.
2. Non-Compliance & Permit Revocation
o Residents who fail to maintain their backyard chickens in compliance with the permit conditions, including but not limited to failure to renew their permit, exceeding the allowed number of chickens, or maintaining unsanitary conditions, may have their chickens removed by the City. o Any chickens removed due to non-compliance will immediately become the property of the City of Avenal.
The original owner will not have the right to reclaim or request compensation for removed chickens. o Repeated violations may result in probationary restrictions, fines, or permanent revocation of the permit.
By submitting a Residential Chickens Permit application, the applicant acknowledges and agrees to this policy, understanding that any failure to comply may result in the loss of their chickens without the possibility of retrieval.
City of Avenal Backyard Chicken Offense & Compliance Enforcement Policy To ensure responsible ownership of backyard chickens and compliance with City regulations, the following enforcement actions will be taken for violations of the Backyard Chicken Ordinance (Chapter 9.60.080 of the Avenal Municipal Code):
1st Offense – Written Warning
• The resident will receive an official written warning from Animal Control or Code Enforcement, detailing the violation and corrective actions required.
• The resident will have 14 days to correct the issue before further penalties are applied. 2nd Offense – Probation & Temporary Suspension
• If a second violation occurs within 12 months of the first offense, the resident’s Residential Chickens Permit will be suspended.
• The resident will be placed on a 6-month probationary period, during which they must reapply for a new permit and demonstrate full compliance with regulations before approval is reconsidered. • Chickens may be removed during this period, and any removed chickens will become the property of the City of Avenal.
3rd Offense – Permanent Revocation of Privilege
• If a third violation occurs at any time after the probation period, the resident will permanently lose the privilege to apply for a Residential Chickens Permit.
• Any remaining chickens will be removed and become the property of the City of Avenal. • The resident will not be eligible to reapply or own backyard chickens within city limits.
Additional Notes:
• Permit holders are responsible for ensuring ongoing compliance and completing annual inspections to maintain their permit.
• Violations include, but are not limited to: exceeding the allowed number of chickens, failure to properly maintain the coop, allowing chickens to escape, failure to renew a permit, or any other breach of the Backyard Chicken Ordinance.
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City of Avenal
Residential Chickens Permit – Approval Process Adopted March 27, 2025 By submitting a Residential Chickens Permit application, the applicant acknowledges and agrees to these enforcement guidelines.
March 27, 2025 Pg.113
THIS SITE PLAN FORMAT IS OPTIONAL: It is available as a convenience – site plans may be provided in other formats.
SITE PLAN: The site plan must be drawn to scale and show the location of all property lines, all existing buildings/structures on the property, fences, the proposed chicken coop, and the proposed fenced/covered chicken yard. NOTE: per the City’s Backyard Chicken ordinance, a maximum of six (6) chickens shall be permitted per legal parcel. Additionally, the chicken coop structure shall not exceed seven (7) feet in height.
*Structures larger than 120 square feet require a separate building permit.
Address:_______________________________________________________ Scale: Length of one (1) square = _______ feet Attachment
Site Plan - Backyard Chickens
SETBACKS
Front yards: The chicken coop and run shall be located on the rear of the property and behind the residence. For parcels that have a frontage on two (2) sides, the coop and run shall be located on the rear portion of the property that is opposite the side providing street access, with the remaining front having a minimum front yard setback of twenty-five (25') feet from the property line.
Side and rear yards: The coop and run must be located at least twenty (20') feet from the nearest adjoining residence or ten (10') feet from any property line, whichever is greater.
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THIS IS A SAMPLE: This page may not be submitted with a permit application. It is provided for illustrative purposes only. Do not attempt to mark-up, revise, or otherwise adapt this page to your project. The details shown on this sample are not exhaustive for all site plans; the site plan for your project may need to show details that are not included in the sample. If you have questions regarding the site plan requirements for a particular project, please contact the Community Development Department at (559) 386-5766 Sample –Do Not Submit
Site Plan –Backyard Chickens
Sample Site Plan
Note: Show any additional structures that exist on the property (i.e. pool, shed, fence, etc.) Lot Depth __’___”
Existing House
Lot Width __’___”
Existing Garage
Proposed Coop
__’___”
Street
Sidewalk
__’___”
__’___”
Set Back __’___”
Property Lines
__’___”
Minimum 10ft
Required
Proposed Fenced/Covered
Chicken Yard
March 27, 2025 Pg.115
How to Make Your Chicken Coop Predator-Resistant
4. Elevate the Chicken Coop
Raise your coop at least 12 inches o3 the ground. The
space underneath provides extra space for your
chickens to roam and scratch while o3ering shelter
from predators and inclement weather
3. Bury Mesh Around the coop
Having at least a foot deep of mesh buried around the
coop will prevent predators from digging and entering
the coop from underneath
2. Use Hardware Cloth
Utilize hardware cloth around the entire perimeter of
the coop instead of chicken wire to keep chickens in
and predators out
1. Keep Coop Clean &
Use Secure Door Latches/ Two-Step Locks
A clean coop detracts predators and pests while
using secure door latches and two-step locks
prevents unwanted predators like raccoons
March 27, 2025 Pg.116
Chicken Inspection Form
Property Details
• Backyard Location: ____________________
• Chicken Coop Location: _________________
• Setback from fence: _________________(minimum 10’)
• Setback from nearest adjoining residence: _________________ (minimum 20’) Coop Specifications
• Total Square Footage: ________________ sq ft (cannot exceed 120 sq ft) • Materials Used: _______________________
Chicken Management
• Number of Chickens: __________________
• Nesting Beds: ________________________
• Roosting Area/House: _________________
• Run Area: ___________________________
Facility Assessment
• Food Access: ✓ / ✗
• Water Access: ✓ / ✗
• Roost Bars Elevated: ✓ / ✗
Inspection Outcome
• Inspection Result: ☐ Passed ☐ Failed
Approved By: ____________________
Date: ____________________
Additional Comments:
March 27, 2025 Pg.117
Exhibit C
Backyard Chickens - Proposed Fees
1. Application Fee: $100*
2. Renewal/Inspection Fee: $50
3. Late Renewal (August only): $25
* For the remainder of the 2024-2025 Fiscal Year, which runs to “today” through June 31st, 2025, the initial application fee will be reduced to $50. The prorated amount will only be available the first year due to the limited amount of time left in the fiscal year.
March 27, 2025 Pg.118
BEFORE THE CITY COUNCIL OF
THE CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENAL ADOPTING A BACKYARD CHICKENS
APPLICATION PROCESS AMENDING OFFCIAL FEE
SCHEDULE TO INCLUDE THREE NEW FEES ASSOCIATED
WITH THE BACKYARD CHICKEN ORDINANCE
RESOLUTION 2025-25
WHEREAS, the City Council of the City of Avenal has previously established a schedule of fees and charges payable by applicants for various land entitlements, development permits, and related actions reviewed by the City Planning Commission and City Council; and WHEREAS, the City Council adopted a Comprehensive Zoning and Subdivision Ordinance through Ordinance 2024-02, which includes provisions for the keeping of backyard chickens; and
WHEREAS, City staff has established an application process and procedure to facilitate the permitting of backyard chickens, ensuring a streamlined and accessible process for residents; and
WHEREAS, the costs incurred by the City for reviewing applications and permits should be recovered through fees paid by applicants for said permits and entitlements; and WHEREAS, current planning fees associated with home occupations are not accessible for the community at large, whom the Backyard Chicken Ordinance is intended to benefit, and therefore a separate fee must be established; and
WHEREAS, the City of Avenal has determined fees to adequately recover the City’s costs associated with processing backyard chicken applications.
UPON MOTION OFCOUNCILMEMBER__ , SECONDED
BY COUNCILMEMBER , THE FOLLOWING WAS PASSED
AND APPROVED BY THE PLANNING COMMISION AT AN OFFICIAL MEETING HELD ON March 27, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
March 27, 2025 Pg.119
ABSENT:
ATTEST:
Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City
Clerk CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. The City Council hereby adopts an updated fee schedule to include fees for backyard chicken applications, ensuring appropriate cost recovery for administrative and review processes
2. All applicants for those development permits entitlements and actions shown on Attachment “A” shall pay fees as therein specified.
3. All previously approved resolutions or actions of the City Council establishing application fees are hereby revoked and repealed.
4. The fee schedule attached hereto shall go into effect immediately.
March 27, 2025 Pg.120
Attachment A
Backyard Chickens - Proposed Fees
March 27, 2025 Pg.121
1. Application Fee: $100*
2. Renewal/Inspection Fee: $50
3. Late Renewal (August only): $25
* For the remainder of the 2024-2025 Fiscal Year, which runs to “today” through June 31st, 2025, the initial application fee will be reduced to $50. The prorated amount will only be available the first year due to the limited amount of time left in the fiscal year.
Report to Avenal City Council (03/27/2025)
Housing Element Annual Progress Report
A V E N A L C I T Y C O U N C I L
S T A F F R E P O R T
Date: March 27th, 2025
To: Avenal City Council
From: Kelsey George, Planning Consultant
Subject: Review and Authorize Submission of the 2024 Housing Element Annual Progress Report
BACKGROUND
State law (Government Code Section 65400) requires all cities and counties to prepare an Annual Progress Report (APR) detailing their efforts to implement the housing element. The APR must follow the forms and definitions established by the California Department of Housing and Community Development (HCD). Each year, by April 1, jurisdictions must submit the APR to both HCD and the Governor’s Office of Planning and Research (OPR), covering the previous calendar year (January 1 – December 31).
A key purpose of the APR is to help HCD monitor local jurisdictions’ progress in meeting their assigned Regional Housing Needs Allocation (RHNA) throughout the designated 8-year housing cycle. The City of Avenal is currently in its Sixth Cycle, spanning the years 2024-2032.
HCD provides an established Excel matrix form for every jurisdiction to fill in the required and applicable information. The information provided in the form ensures that jurisdictions are reporting Housing Element progress in compliance with Government Code Section 65400. The APR is a data-driven report that does not require independent analysis or policy interpretation by the jurisdiction.
The information that is required by the State to be reported includes:
• Housing Development Applications Submitted: A summary of housing development applications received categorized by application status, number of housing units included with the application, income level, tenure, and streamlining or Density Bonus provisions requested
• Building Activity Report: A summary of building permits issued based on housing type, tenure, income level, entitlement approval date, number of units, certificates of occupancy, demolition permits, and density bonus.
• Progress toward RHNA (Regional Housing Needs Allocation): Summary of building permits issued categorized by income level (very low, low, moderate, and above moderate-income units).
• Housing Element Implementation: Summary on any updates on programs, policies, and actions listed in Avenal’s Housing Plan. This includes progress on the sites inventory and rezone sites, program implementation, commercial development bonus, rehabilitated sites, above moderate income site conversion, status of locally owned sites in the Sites Inventory, Locally Owned Surplus Sites, March 27, 2025 Pg.122
Report to Avenal City Council (03/27/2025)
Housing Element Annual Progress Report
student housing, tenant preference policy, and Local Early Action Planning Reporting.
DISCUSSION
Throughout 2024, the City of Avenal made significant progress on its Sixth Cycle Housing Element. Implementation efforts will continue in the coming years, with future updates reflected in subsequent APRs.
Exhibit B outlines the data the City is required to report for this calendar year. This includes:
• The City did not receive any housing development applications during the 2024 Calendar Year.
• The City issued certificates of occupancy for 10 newly constructed detached single-family homes.
• The City issued one building permit for a new single-family residence; however, final inspection and certificate of occupancy were not completed within the reporting period
As some report sections are not applicable to Avenal this year, they have not been included in the agenda packet or Exhibit B, but are available upon request. The full template can be accessed via HCD’s website: https://www.hcd.ca.gov/planning-andcommunity-development/annual-progress-reports Staff has included a resolution acknowledging City Council has received the report and authorizing staff to submit the report to the required agencies.
RECOMMENDATION
Staff recommends that the City Council approve Resolution 2025-26, acknowledging receipt of the report and authorizing staff to submit the Housing Element Annual Progress Report for the 2024 Calendar Year
EXHIBITS
A. Resolution 2025-26
B. Housing Element Annual Progress Report
March 27, 2025 Pg.123
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 OR HIS OR HER DESIGNEE TO
SUBMIT THE HOUSNG ELEMENT ANNUAL
PROGRESS REPORT FOR THE 2024 CALENDAR
YEAR
RESOLUTION 2024- 26
WHEREAS, California Government Code Section 65400 requires that all cities and counties annually report to their decision-making bodies the progress in meeting the jurisdiction’s share of the regional housing needs determined pursuant to Government Code Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to Government Code Section 65583(c)(3) through an annual progress report; and WHEREAS, California Government Code Section 65400 further requires that the Housing Element Annual Progress Report (APR) be prepared using standards, forms, and definitions adopted by the California Department of Housing and Community Development (HCD): and
WHEREAS, the APR is due to HCD and the Governor’s Office of Planning and Research by April 1 of each year covering the previous calendar year; and WHEREAS, one primary function of the APR is for HCD to track each local jurisdiction’s progress toward meetings its Regional Housing Needs Allocation (RHNA) each year over the eight-year planning period (2024-2032); and WHEREAS, the City Council of Avenal has received and reviewed such report for the 2024 calendar year; and
WHEREAS, the 2024 Housing Element APR was presented to City Council on March 27, 2025.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby accept the 2024 Housing Element Annual Progress Report and authorizes its transmittal to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research for the 2024 Calendar Year.
March 27, 2025 Pg.124
UPON MOTION OF COUNCILMEMBER__ , SECONDED
BY COUNCILMEMBER , THE FOLLOWING WAS
PASSED AND APPROVED BY THE CITY COUNCIL AT AN OFFICIAL
MEETING HELD ON MARCH 27, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
MAYOR
CITY OF AVENAL
MARIA A. ORTIZ, City
Clerk CITY OF
AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct, and incorporated herein.
2. Hereby authorizes the transmittal of the Housing Element Annual Progress Report for the 2024 Calendar Year.
3. Authorized the City Manager, City Clerk, City Attorney, and all relevant City staff to take all steps reasonably necessary, proper, and/or convenient to carry out the terms and conditions of this resolution.
March 27, 2025 Pg.125
Tab A2
Streamlin
ing Infill
Housing
without
Financial
Assistan
ce or
Deed
Restrictio
ns
Term of
Affordabi
lity or
Deed
Restrictio
n
2 3 8 9 11 12 13 14 15 16 17 18 19
Prior
APN+
Current
APN
Street
Address
Project
Name+
Local
Jurisdicti
on
Tracking
ID
Unit
Category
(SFA,SFD
,2 to
4,5+,ADU,
MH)
Tenure
R=Renter
O=Owner
Very LowIncome
Deed
Restricte
d
Very LowIncome
Non
Deed
Restricte
d
LowIncome
Deed
Restricte
d
LowIncome
Non
Deed
Restricte
d
ModerateIncome
Deed
Restricte
d
ModerateIncome
Non
Deed
Restricte
d
Above
Moder
ateIncom
e
Building Permits Date
Issued
# of Units
Issued
Building
Permits
Very LowIncome
Deed
Restricte
d
Very LowIncome
Non
Deed
Restricte
d
LowIncome
Deed
Restricte
d
LowIncome
Non
Deed
Restricte
d
ModerateIncome
Deed
Restricte
d
ModerateIncome
Non
Deed
Restricte
d
Above
ModerateIncome
Certificate
s of
Occupanc
y or other
forms of
readiness
(see
instruction
s) Date
Issued
# of
Units
issued
Certificat
es of
Occupan
cy or
other
forms of
readines
s
How
many of
the units
were
Extremel
y Low
Income?
Please
select the
streamlin
ing
provision
the
project
was
APPROV
ED
pursuant
to. (may
select
multiple)
Infill
Units?
Y/N+
Assistan
ce
Programs
for Each
Develop
ment
(may
select
multiple -
see
instructio
ns)
Deed
Restrictio
n Type
(may
select
multiple -
see
instructio
ns)
For units
affordabl
e without
financial
assistanc
e or deed
restrictio
ns,
explain
how the
locality
determin
ed the
units
were
affordabl
e
(see
instructio
ns)
Term of
Affordabi
lity or
Deed
Restrictio
n (years)
(if
affordable
in
perpetuity
enter
1000)+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 038-480-02
941
Grangevill
e Ave
23-162
SFD
O 0 1 5/29/2024 1 NONE N CDBG INC,
Other
038-480-
009-000
1136 E
Orange
St.
23-215
SFD
O 0 1 6/26/2024 1 NONE N CDBG INC
038-480-
027-000
925
Grangevill
e Ave
23-166
SFD
O 0 1 7/26/2024 1 NONE N CDBG INC
038-482-04
1113 E
Orange
St.
23-113 SFD O 0 1 7/25/2024 1 NONE N CDBG INC
040-273-
005
321 E
Orange St 24-89 SFD O 1 11/18/2024 1 0
038-480-
019-000
1232 E
Orange St 23-225 SFD O 0 1 11/15/2024 1 NONE N CDBG INC, Other 038-480-
003-000
1112 E
Orange St 23-209 SFD O 0 1 11/15/2024 1 NONE N CDBG INC 038-480-
028-000
921
Grangevill
e Ave
23-167
SFD
O 0 1 11/19/2024 1 NONE N CDBG INC
038-480-
024-000
937
Grangevill
e Ave
23-163
SFD
O 0 1 10/3/2024 1 NONE N CDBG INC
038-480-
022-000
1244 E
Orange St 23-161 SFD O 0 1 12/18/2024 1
038-482-
040-000
1117 E
Orange St 23-112 SFD O 0 1 11/19/2024 1
Affordability by Household Incomes - Certificates of Occupancy Housing with
Financial
Assistance and/or
Deed Restrictions
1 7 10
Project Identifier Unit Types Affordability by Household Incomes - Building Permits March 27, 2025 Pg.126
1 Projection
Period 3 4
RHNA
Allocatio
n by
Income
Level
- 2016 2017 2018 2019 2020 2021 2022 2023 2024
Total
Units to
Date (all
years)
Total
Remaining
RHNA by
Income
Level
Deed
Restricted - - - - - - - - - -
Non-Deed
Restricted
- - - - - - - - - -
Deed
Restricted - - 2 36 1 - - 23 - -
Non-Deed
Restricted
- - - - - - - - - -
Deed
Restricted - - - - 16 - - - - -
Non-Deed
Restricted
- - 6 15 - - - - - -
Above
Moderate 271 - - - - - - - - - - - 271
639
- - 8 51 17 - - 23 - - 99 540
5 6 7
Extremely
lowIncome
Need
2016 2017 2018 2019 2020 2021 2022 2023 2024 Total
Units to
Date
Total
Units
Remainin
g
73 - - - - - - - - - - 73
Total RHNA
Total Units
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Income Units*
Low
108 62 46
Moderate
115 37 78
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
2 Income Level
Very Low
145 - 145
March 27, 2025 Pg.127
Jurisdiction Avenal
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Rehabilitation
program
Continue to provide between 6 to 12
loans per year. Continue to market the
program through brochures at the
public counter.
Ongoing 2016
Code Enforcement
Continue to work with the community to
address code violations. Refer property
owners to the Housing Rehabilitation
Program
Ongoing Prior 2016
Preservation of At-Risk
Affordable Housing and
Mobile Home Parks
Continue to monitor at-risk units;
preserve mobile mobile home parks
Ongoing; General Plan
and zoning Ordinance Update 2016/2017
Adequate Sites
Maintain appropriate land use
designations to provide adequate sites
appropriate for new housing to meet
Avenal's housing needs allocation of
639 units
Throughout the planning
period 2016-2024
Infill Development
Facilitate infill development by
providing the location and zoning of
residential infill sites in the community
and working with developers to
expedite applications.
Ongoing 2016-2024
Density Bonus Program
Continue to implement the density
bounus ordinance to assist
development of affordable housing.
Throughout the planning
period 2016/2024
Regulatory and Financial
Assistance
Continue to defer/redduce fees and
expedite processing for affordable
housing; Reduce parking standards for
small multi-family units.
Throughout the planning
period 2016/2024
First time homebuyer
Program
Assist 5 to 10 new first-time
homebuyers annually.
Throughout the planning
period 2016/2024
Rental Assistance
Assist Kings couty Housing Authority in
promoting the Section 8 {rogram by
postin information at city Hall.
Throughout the planning
period 2016/2024
Affordable Housing
Assistance
Seek applicable grants from state and
federal sources (e.g., CDBG, HOME,
Proposition 1C, AHSC) including
funding specifically targeted
developers, continue to implement the
density bonus ordinance, and continue
to pursue housing production and
rehabilitation activites with nonprofits.
The City shall promote the benefits of
this program to the development
community by posting information on
its web page and creating a handout to
be distributed with land development
applications.
ongoing;apply for grant
funding on an annual
basis as available
as availbile depending on funding
Special needs Housing for
Seniors and Persons with
Disabilities
Continue to work with developers on
senior and special needs projects,
including assistance to persons with
disabilities by expediting applications
and assisting with grant applications.
Annual assistance to
affordable and special
needs housing
applications throughout
the planning period
2016/2024
Second Units
Continue to assist property owners with
second unit applications byproviding
information and expeditingtheir
applications.
Throughout the planning
period 2016/2024
Emergency Shelters and
Transitional/Supporitve
Housing
Continue to facilitate the provision of
emergencyh shelters and
transitional/supportive housing
Throughout the planning
period 2016/2024
Farm worker and
Employee Housing
Continue to ensure the the zoning Code
conforms with The Health and safety
code regarding famworker housing.
Inventory suitable sites for farmworker
hosing with the update of the Land Use
Element; Continue to assist interested
developers by identifying sites and
supporting funding applications for
affordable housing; and Provide, to the
extent feasible, financialand reulatory
incentives for affordable and
farmworker hosing developments.
Continue to favilitate the
construction of
farmworker housing on an
annual basis, if requested,
throughout the planning
period.
2016/2024
Promote Equal Housing
Opprotunites
Continue to refer fair housing inquiries
to the Department of Fair Employment
and Housing office in Fresno and
distribute fair housing information at
City Hall, website, library, post office,
and shopping areas
Throughout the planning
period 2016/2024
Energy Conservation
Reduce energy use in residential
developments by providing information
and low-energy products to residents
Program implementation
throughout the planning
period
2016/2024
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 March 27, 2025 Pg.128
General Comments
March 27, 2025 Pg.129