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Agenda, study session

City Council/Successor Agency/Public Finance Authority
June 12, 2025

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Agenda, study session
Meeting
June 12, 2025
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City Council/Successor Agency/Public Finance Authority
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Text extracted from the city's file for reading and search. Open the original on www.cityofavenal.gov. That file is the official record.

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JUNE 12, 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: 2025-01 CITY LAST RESOLUTION: 2025-30
(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 May 22, 2025.

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

A. Special Recognitions: RSUSD Family Engagement Center

6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

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

3. Recreation Department Activity Report: Anna Lara, Community Activities Senior Leader.

B. Presentations/Reports:
1) None.

7. PUBLIC HEARING(s):

A. None

8. OLD BUSINESS:

A. SRO Agreement with RSUSD (Discussion/Action).

9. NEW BUSINESS:

A. Consider Engaging Van Lant & Fankhanel, LLP for Financial Audit Services for Fiscal Year 2022–2023 through 2026-2027. (Resolution 2025-31).

B. Consider Entering into Fire Services Agreement with Kings County Fire Department for an Additional Three (3) Years, FY 2025/26; 2026/27; & 2027/28. (Resolution 2025-32).

June 12, 2025 Pg. 1

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

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: APOA; Bargaining Units 1-5 B. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of:
• City Manager

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, June 9, 2025.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
June 12, 2025 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA DEL 12 DE JUNIO 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: 2025-01 ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2025-30 (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 22 de mayo de 2025.

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

A. Reconocimientos Especiales: Centro de Participación Familiar de RSUSD

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

A. Informes de actividad:

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

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

3. Informe de Actividades del Departamento de Recreación: Anna Lara, Líder Senior de Actividades Comunitarias.

B. Presentaciones/Informes:
1) Ninguno.

7. AUDIENCIA(S) PÚBLICA(S):

A. Ninguno

8. NEGOCIO ANTIGUO:

A. Acuerdo de SRO con RSUSD (Discusión/Acción).

June 12, 2025 Pg. 3

9. NUEVOS NEGOCIOS:

A. Considere contratar a Van Lant & Fankhanel, LLP para los servicios de auditoría financiera para el año fiscal 2022-2023 a 2026-2027. (Resolución 2025-31).

B. Considere un acuerdo de servicios de bomberos con el Departamento de Bomberos del Condado de Kings por tres (3) años adicionales, año fiscal 2025/26; 2026/27; y 2027/28. (Resolución 2025-32).

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. Conferencia con el (los) Negociador(es) Laboral (Código de Gobierno § 54957.6).

Es la intención de este órgano rector reunirse en sesión cerrada para examinar su posición e instruir a sus representantes designados para: Representantes designados: APOA; Unidades de Negociación 1-5 B. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para el Puesto de:
• Administrador de la ciudad

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 9 de junio de 2025.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
June 12, 2025 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
May 22, 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 5:28 PM.

ROLL CALL: Councilman Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor, Alvaro Preciado.

ABSENT: Mayor Pro Tem Gamez
STAFF:  López, Price, Curiel, Bermudez, Davis, Drake, Rij, 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 on or acting on matters not on the agenda. Three (3) minutes are allowed per person.

Introduce New Employee: Officer Christopher Drake
Chief Velasco introduced new officer Christopher Drake.

Veronica Aguirre, member of HEAL, expressed concern over city staff salary adjustments. She stated we should focus on other public safety issues and on bringing new business.

Public comment was closed at 5:37pm by Mayor Preciado.

Public comment was re-opened at 6:22pm by Mayor Preciado.

Kyria Martinez (Kings County):

Expressed concern regarding the City’s potential transition toward a volunteer fire department model.

Dolly Justine Silveira:

Stated that her concern is not about the contract itself but rather about public safety. She also noted that the City's cost calculations may have been inaccurate.

Teresa M. Piere (Avenal Resident):

Raised several questions regarding the challenges of recruiting volunteers, the impact on homeowners insurance, and other related issues.

Ted Waelk (Avenal Resident):

Shared that becoming a firefighter is a rigorous process and expressed concern that a volunteer-based model may present significant challenges.

June 12, 2025 Pg. 5
Hanne Tilloxson (Avenal Resident):

Stated that residents were informed of the proposed changes with very short notice.

Ed Rhyman (Kings County Fire Representative):

Commented that a volunteer fire department may not be an efficient solution for the City.

Ron Moran (Avenal Resident):

Thanked Kings County Fire for their prompt emergency responses and voiced deep concerns about the proposed transition to a volunteer department.

Vicky Tippins (Avenal Resident):

Stated that there are ongoing issues with code enforcement and advocated for Kings County Fire to remain in service.

Veronica Bustamante and Rae Gholson:

Both expressed strong support for the current fire department, stating it has performed well and there is no need for change.

Elias Cabrera (Avenal Resident):

Stated that there does not appear to be a justifiable reason to switch to a volunteer fire department model.

David Price (School Nurse):

Emphasized that the City should not take risks with public health and safety.

Pricella B. Lopez (Avenal Resident):

Expressed concern about the proposed fire department transition.

Kevin Garcia (Kings County Firefighter):

Described the emotional toll of losing a fellow firefighter this year. He explained the differences between instant and mutual aid and inquired whether City employees volunteering for fire service would receive equitable retirement and worker’s compensation benefits.

Francisco Lopez (Avenal Resident):

Shared that he has signed up to volunteer and is hopeful about the future of the program.

Emily Piere (Avenal Resident):

Strongly opposed the idea of a volunteer fire department, citing concerns for the safety of her young children.

Doug Verboon (Kings County Representative):

Commented that establishing a new fire department is a complex and difficult undertaking.

Kimber Regan (Hanford Resident):

Stated that transitioning to a volunteer fire department could negatively impact homeowners insurance.

Richard Valle (Kings County Supervisor):

Expressed concern about being notified at the last minute regarding the City's intent to pursue a volunteer fire department.

Veronica Aguirre (HEAL Representative):

Criticized the City for failing to provide proper translation services during the council meeting. She also referenced her organization’s successful advocacy against hazardous waste near local landfills.

Paul Cobine (Avenal Resident):

Stated that the community was notified of the proposed changes at the last minute.

Kings County Fire Representative:

Inquired about who would handle dispatch services under a volunteer fire department model.

June 12, 2025 Pg. 6
Maria Pizano (Avenal Resident):

Voiced concern about initiating a volunteer fire department in the City.

Carolyn Simms (Avenal Resident):

Asserted that Kings County Fire Department is essential and should remain in Avenal.

Public comment was closed at 7:30pm 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 May 8, 2025.

B. Consider Approval of Staffing Adjustments, Reclassifications, Updated Job Descriptions, Updated Salary Schedule for FY 2024–25 (Resolution 2025-30).

C. Consider Cash and Financial Statements, Check Register (March-April 2025).

Council Member/Successor Agency Member Preciado motioned to table item 4B to the next meeting and move up and relabel item 9A as item 5C and was seconded by Councilmember/Successor Agency Member Reynosa and motion carried.

ROLL CALL VOTE:

AYES: Preciado, Reynosa, Verdugo, Hernandez.

NOES: None.

ABSENT: Gamez.

ABSTAIN: None.

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

A. Westlands Water District, AHS Scholarship Check Presentation.

Jason Mendez from Westlands Water District recognized Avenal High School Student, Melissa Hurtado, with a scholarship.

B. Special Recognitions: Girls RSMS Softball Team; RSMS Cross Country – 13–14 Boys Team; RSMS Track & Field – 13–14 Boys Team; Liga de Fútbol Amateus City Manager Antony López presented special recognition to RSMS athletic teams and community soccer league for their recent victories.

Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar as amended and approve Item 4A and 4C Council Member/Successor Agency Member Hernandez seconded, and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Hernandez, Reynosa, Preciado.

NOES: None.

ABSENT: Gamez.

ABSTAIN: None.

C. Authorize the City Manager to Initiate Steps Toward the Formation of a City-Operated Volunteer Fire Department (Resolution 2025-31).

City Manager Antony López gave a brief overview of the volunteer fire department through a PowerPoint presentation. Mayor Preciado announced that a townhall would be held the coming Tuesday for this matter.

Councilmember Verdugo motioned to remove the item from the agenda pending further discussion with the community and input from Kings County, was seconded by Councilmember Reynosa and motion carried.

June 12, 2025 Pg. 7
ROLL CALL VOTE:

AYES: Verdugo, Reynosa, Hernandez, Preciado.

NOES: None.

ABSENT: Gamez.

ABSTAIN: None.

A recess was called at 7:37pm.

Meeting reconvened at 8:02pm.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

Chief Velasco presented report as submitted.

Councilmember Verdugo inquired about the duration of officer training prior to independent duty. Chief Velasco responded that training lasts a minimum of 10 weeks and must also meet POST requirements. Councilmember Reynosa asked about the eligible age range for the Police Explorers Program, to which Chief Velasco replied that participants may be up to 21 years old. Mayor Preciado requested information on the cost of the police academy. Chief Velasco explained that costs vary depending on financial aid eligibility, with some cadets paying up to $7,000.

2. Community Development Activity Report: Joshua McDonnell, Contract City Planner, 4Creeks.

Joshua McDonnell, Director of Planning for 4Creeks, presented as submitted. Mayor Preciado asked Joshua to include current projects and any new ordinances for future staff reports.

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

Emily Engelsgaard presented the report as submitted. Mayor Preciado inquired about efforts to bring a water park or recreational facility to Avenal. Ms. Engelsgaard responded that such a project is on their radar. Councilmember Verdugo asked what steps are needed to pursue grants for historical buildings. Ms. Engelsgaard recommended making necessary updates to the building and seeking funding opportunities prior to applying for placement on the National Register of Historic Places.

B. Presentations/Reports:

1. None.

PUBLIC HEARING(s):

A. None
OLD BUSINESS:

A. SRO Agreement with RSUSD (Discussion/Action).

City Manager Antony López expressed optimism regarding continued positive relations with the school district and noted that progress is being made on youth-focused projects. He also reported that the district has pledged its support to the Volunteer Fire Department.

NEW BUSINESS:

A. Authorize the City Manager to Initiate Steps Toward the Formation of a City-Operated Volunteer Fire Department (Resolution 2025-31).

This item was moved to 5C.

B. Consider Approval of Agreement with City of Lemoore for Animal Shelter Services (Resolution 2025-30).

City Manager Antony López presented the report as submitted. Councilmember Verdugo inquired whether there is a limit to the number of animals accepted from the City of Lemoore into the animal shelter. The City Manager confirmed that such information is outlined in the Memorandum of Understanding (MOU). Councilmember Verdugo expressed concern about potentially overburdening the existing shelter facilities.

June 12, 2025 Pg. 8
RESOLUTION 2025-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING AN

AGREEMENT WITH THE CITY OF LEMOORE FOR ANIMAL SHELTER SERVICES AND AUTHORIZING IMPLEMENTATION.

Council Member/Successor Agency Member Reynosa motioned to approve Resolution 2025-30 and Council Member/Successor Agency Member Verdugo seconded and motion carried.

ROLL CALL VOTE:

AYES: Reynosa, Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Gamez.

ABSTAIN: None.

C. Consider Concrete Work, Drain Line and Awning Cover for Animal Control Expansion.

Council Member/Successor Agency Member Verdugo motioned to approve this Item and Council Member/Successor Agency Member Hernandez seconded and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Hernandez Reynosa, Preciado.

NOES: None.

ABSENT: Gamez.

ABSTAIN: 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.

City Manager Antony López stated that the Council will take all public comments and concerns into consideration.

Councilmember Reynosa thanked the public for their participation and invited them to the upcoming Town Hall meeting scheduled for next Tuesday evening at the Veterans Hall. Councilmember Verdugo congratulated Councilmember Reynosa on his championship win in his soccer league and also thanked the public for their input on the Volunteer Fire Department item, affirming the Council’s commitment to doing the right thing. Mayor Preciado reported that he has been attending meetings and collaborating with other city officials and expressed hope for continued partnership with the school district. He also announced an upcoming meeting with the Department of Homeland Security to discuss immigration matters and shared that he had been invited to a breakfast with a councilmember from Puerto Vallarta, who maintains strong relations with the City of Fresno.

Council meeting went into closed session at 8:56pm.

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. PENDING LITIGATION (Government Code § 54956.9). It is the intention of this governing body to meet in closed-session concerning: Conference with legal counsel – Deciding whether or not basis exists for closedsession for anticipated litigation (Government Code § 54956.9(d)(3)).

Number of potential cases is: __1__.

Council came out of Closed Session at 11:35 pm with nothing to report and meeting was adjourned by Mayor Preciado.

ADJOURNMENT:

June 12, 2025 Pg. 9

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/ Karla Curiel
Karla Curiel, Deputy City Clerk
June 12, 2025 Pg. 10
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766

SPECIAL RECOGNITIONS
Special Recognitions
Family
Engagement
Center
June 12, 2025 Pg. 11
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Scott Davis, Public Works Director
DATE: June 6, 2025
RE: Public Works Monthly Report May 2025
INFORMATION:

7300 CODE ENFORCEMENT:

The Code Enforcement Department continues to work on property abatements and graffiti. Illegal Venders have slowed down. Lupe works flex hours to address any problems. He is working with Kings County Health on multiple complaints.

SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center and Elliott Park. Work continues on the Seat Walls (benches) on Skyline. We are working with a company to address the squirrel and goffer problem at the Sports Complex.

9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. The Spay/Neuter program for April had 15 Public and 10 Shelter. Intake was low due to an outbreak that is now under control. The vaccination clinic is rescheduled for June 25, 2025. The expansion of the shelter has started and will be complete by July 1st.

SEE ATTACHED REPORTS.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff continues to work with our City Engineer on new street projects. The contractor for the chip seal on the Cutoff has been contacted and is planning to come this month for the warranty repairs.
14100 WATER DISTRIBUTION:

Staff continues to repair and maintain the distribution system within the City. We were able to get the 16” main shut down behind the prison and repair it with a welded patch. 15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows.

There were six (6) calls for sewer plugs in April. Staff is continuing the enzyme treatment for grease. 18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

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

AGENDA ITEM NO. 7. A. – 1)
June 12, 2025 Pg. 12
Monthly Report
May 2025
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 17
Courtesy Verbal Abetments 23
Courtesy Door Hangers 25
Abetments Completed 53
Pending 12
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 01
Illegal Occupancy 03
Illegal Venders 01
Complaints Received 01
*Phone 00
*Walk In 00
Miscellaneous Inspections 55
Miscellaneous Meetings 03
Recycling Control 01
Graffiti Control 05
Water Waste Control (verbal and/or citations) 01
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 01
Notes: We still flexing hours on weekends and few after hours (evenings). Illegal vendors seem to slow down a bit. Been working with county on some complaints from oil spill to micro kitchens. Also, there might have been question regarding Vehicle Abetment. We still address them. Getting results by talking to the owners and have them move on their own. So been working with the community. Graffiti did slow down also this last month.

June 12, 2025 Pg. 13
To: Scott Davis, Public Works Director
From: Raul Valadez, Animal Control Department
For: May 1, 2025 to May 31, 2025
Total Entries 40
RETURNED TO OWNER 1
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 9
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 20
DOGS RESCUED 10
Brought in to the shelter for the month of April 6
DOG BITE(S) 1
CITATIONS 0
COMPLAINTS 9
DOOR HANGERS 8
CATS DETAINED 1
EUTHANIZED 0
RESCUED 11
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 1
Deceased Animals
Dogs 5
Cats 4
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
June 12, 2025 Pg. 14
To: Scott Davis, Public Works Director
From: Raul Valadez, Animal Control Department
For: May 1, 2025 to May 31, 2025
Total Entries 39
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 2
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 32
DOGS RESCUED 5
Brought in to the shelter for the month of April 6
DOG BITE(S) 2
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 16
Cats 8
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
June 12, 2025 Pg. 15
Animal Control May Report
Spay/Neuter
Residents Pets. 15
Shelter dogs. 10
Summary
1) We have a low intake for this month due to a small outbreak of disease.

But the dogs we brought in were large breeds. The shelter is back to good health now.
2) Rescues have been picking up. We currently have all our huskies (9) rescue pending and will be rescued within the first two weeks of June. 3) We will continue to patrol to help make our streets safe from stray dogs. 4) Spay/Neuter are still available. Contact the city hall or the Animal Shelter for more info
5) We have moved the vaccination clinic to June 25, 2025, from 5:30pm to 7:30pm
We need your help! We will not be accepting large breed surrenders until further notice.

June 12, 2025 Pg. 17
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” AGENDA ITEM NO. 7- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, Information Technology Director DATE: June 9th, 2025
RE: Information Technology Monthly Report May 2025
CURRENT PROJECTS:

Internet:
-ISP negotiations on hold while continuing the Police IT migration.

Phone System:
-Staff confirms port date of June 16th with Verizon for regular 4444 office services. 4447 fax number is confirmed to be ported with an undetermined date. Final plans for outdoor dispatch phone to commence shortly after.

Emails:
-Shared inboxes are to be converted along with the website redesign. -avenalpd.gov emails are now active. Legacy inboxes are to be ported over.

Services:
-IT continue making progress on establishing in-house Police IT services. To be ready by end of 24/25 FY
-IT and Utilities begin discussion with RACO for a second AlarmAgent service at the Water Treatment Plant. Electrical setup to be finalized by staff within the month. -Staff performs regular security maintenance and documentation reporting.

Other:
-Website redesign continues as scheduled. IT Staff work with the new CivicPlus Project Manager.
-IT Manager aids in planning with Old Timers Day
-Continuing to maintain digital signage for RSUSD and KCBH. -Continues to maintain the city website and provide tech support across all facilities.

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: June 12, 2025
RE: Consider Engaging Van Lant & Fankhanel, LLP for Financial Audit Services for Fiscal Year 2022–2023 through 2026-2027.

INFORMATION:

For the past five years, the City’s financial audits were conducted by Sotomayor & Associates, CPAs. With the conclusion of their engagement, the City is required to retain a new independent auditor for the current fiscal year.

City staff recommends entering into a professional services agreement with Van Lant & Fankhanel, LLP (VLF) to perform the financial audit for the fiscal year ending June 30, 2023. This recommendation comes after working with Price Paige & Company, the City’s financial consultants, who have begun working with VLF on other audit preparations and recommend their services.

Per the engagement letter, VLF will begin work in August 2025 or sooner, with the goal of completing the first audit within three months, helping the City catch up and remain current on its annual financial reporting requirements. Services include the basic financial audit, single audit (when applicable), and Gann Limit review.

The proposed fee for FY 2022–2023 is $49,100, with multi-year pricing outlined in the engagement letter.

RECOMMENDATION:

Adopt the attached resolution authorizing the City Manager to execute an agreement with Van Lant & Fankhanel, LLP for the FY 2022–2023 through 2026- 2027 audit services, and direct staff to work with VLF to initiate audit fieldwork no later than August 2025.

June 12, 2025 Pg. 18
May 28, 2025
To: Management and the City Council
City of Avenal
919 Sklyine Blvd
Avenal, CA 93204
We are pleased to confirm our understanding of the services we are to provide the City of Avenal (City) for the year ended June 30, 2023.

Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City as of and for the year ended June 30, 2023.

Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis
2) Budgetary comparison schedules
3) Pension and OPEB Schedules
We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor’s report on the financial statements:
1) Schedule of expenditures of federal awards.
2) Combining schedules.

The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance

1 June 12, 2025 Pg. 19
but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
 Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
 Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.

We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.

Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.

We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the 2 June 12, 2025 Pg. 20
unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.

Our audit of financial statements does not relieve you of your responsibilities.

We will also provide a report on agreed upon procedures performed on the City’s calculation of its annual appropriations limit as required by Article XIII B of the California State Constitution. We will perform the procedures in the Article XIII B Appropriations Limit Uniform Guidelines as published by the League of California Cities. This report will include a statement that the report is intended solely for the information and use of management, City Council and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties.

Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.

Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs. The purpose of these procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. 3 June 12, 2025 Pg. 21
We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters.

Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. 4 June 12, 2025 Pg. 22
You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to [include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to [include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.

Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations and schedules we request and will locate any documents selected by us for testing.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors’ reports or nine months after the end of the audit period.

We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of VLF, LLP and constitutes confidential information.

However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Oversight Agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of VLF, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties 5 June 12, 2025 Pg. 23
may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the Oversight Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

We will begin our audit in August of 2025 and plan to issue our reports as soon as possible. Brett Van Lant, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Our proposed fees for the 2022-2023 fiscal year, and preceding years, will be as shown on the table below:

Our fee for single audit includes one major program. For each additional major program, we will charge an additional $1,600. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. In addition, the above fees are based on the assumption that the Single Audit will include no more than one major program, in accordance with the Uniform Guidance.

Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the City Council of the City of Avenal. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.

We appreciate the opportunity to be of service to the City of Avenal and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us.

Service 2023 2024 2025 2026 2027
City Audit and Related Reports 45,000$ 45,000$ 46,300$ 46,300$ 47,550$ Gann Limit Review Report 750 775 750 775 795
Single Audit and Related Reports 3,350 3,350 3,675 3,675 3,900 Additional Costs, out of pocket expenses included included included included included Total Maximum Cost $ 49,100$ 50,750$ 50,750$ 52,245$ 49,100 Fiscal Year Ending June 30,
6 June 12, 2025 Pg. 24
Very truly yours,

VAN LANT & FANKHANEL, LLP
Brett Van Lant
Certified Public Accountant
RESPONSE:

This letter correctly sets forth the understanding of the City of Avenal.

Signature:

Title:

Date:
7 June 12, 2025 Pg. 25

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

APPROVING THE ENGAGEMENT OF

VAN LANT & FANKHANEL, LLP FOR

FINANCIAL AUDIT SERVICES FOR
FISCAL YEARS 2022/2023 THROUGH
2026/2027
RESOLUTION 2025-_31_
WHEREAS, the City of Avenal is required to conduct an annual independent financial audit in accordance with state and federal guidelines; and WHEREAS, Sotomayor & Associates, CPAs has completed their prior engagement with the City through FY 2021–2022; and
WHEREAS, the City seeks to engage a qualified auditing firm to perform the audit for FY 2022/2023 up to FY 2025/2026 and facilitate continued financial transparency and compliance; and
WHEREAS, the City has received a proposal from Van Lant & Fankhanel, LLP, a certified public accounting firm, with a scope of work that includes the City’s financial statements, Gann Limit Review, and, if required, a Single Audit; and WHEREAS, the City’s financial consultants, Price Paige & Company, have worked directly with Van Lant & Fankhanel, LLP and recommended them based on experience and qualifications; and
WHEREAS, the City Manager recommends entering into an agreement with Van Lant & Fankhanel, LLP to commence audit services in August 2025; June 12, 2025 Pg. 26

Page 2 of 2 ends

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 June 12, 2025, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
KARLA CURIEL, Deputy City Clerk

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

1. Found that the foregoing recitals are true;

2. City Council of the City of Avenal that the City Council hereby approves the attached engagement of Van Lant & Fankhanel, LLP to perform the Fiscal Yeas 2022/2023 to 2026/2027 audit and authorizes the City Manager to execute all necessary agreements and documents related thereto.

3. Authorized the City Manager, Director of Administrative Services and all relevant City staff to execute the engagement letter and to take all steps reasonably necessary, proper, and/or convenient to carry out the terms and conditions of this resolution and intent of this agreement. * * * * * * * * * * * * * * * * * *
June 12, 2025 Pg. 27
1 919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López
DATE: June 12, 2025
RE: Consider Entering into Fire Services Agreement with Kings County Fire Department for an Additional Three (3) Years, FY 2025/26; 2026/27; & 2027/28.

INFORMATION:

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

Historically, the County has acknowledged the City’s limited fiscal capacity and accepted a reduced contribution compared to the full cost of service, allowing Avenal to maintain fire services at a subsidized rate.

Throughout the past several months, City and County staff have engaged in ongoing negotiations to develop a longer-term fire services agreement. Past agreements offered discounted rates that considered the City’s property tax contributions and lower call volume toward funding the County fire services.

Recent discussions also included variations between a two-person (2-0) and three-person (3-0) staffed station, with proposals that in effect priced both models.

The proposed agreement is, essentially the same agreement and format as in prior years. Here are the past historical funding amounts:

Prior Years:

FY 2013/14: $280,000
FY 2014/15: $290,000
FY 2015/16: $270,000
FY 2016/17: $280,000
FY 2018/19: $290,000
FY 2019/20: $365,000
FY 2020/21: $400,000
FY 2021/22: $400,000
FY 2022/23: $400,000
FY 2023/24: $425,000
FY 2024/25: $450,000
CURRENT AGREEMENT STRUCTURE:

The proposed agreement (included as Attachment A) outlines a four-year term for fire services from July 1, 2024 through June 30, 2028, with significant cost increases beginning in the upcoming fiscal year. The agreement backdates FY 2024– 25 at a rate of $450,000 and scales up to over $1.15 million annually (for the current Fiscal Year the City would need to contribute an additional $25,000 remaining). While prior agreements included a discounted rate acknowledging the City’s property tax contribution and mutual aid in the area, this new agreement requires the City to absorb 100% of the station’s cost — both the direct payment, in addition to the portion already attributed from estimated property taxes.

Below is a breakdown of cost obligations:

June 12, 2025 Pg. 28
1 919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. B
Fiscal Year
City MOU
(Direct Payment
from General
Fund)
Est. Property Tax
Contribution (Not
paid directly by
City)
Total Expense
(Actual Cost)
FY 2024–25 $450,000 $424,313 $1,491,814
FY 2025–26 $1,096,310 $432,799 $1,529,110
FY 2026–27 $1,125,882 $441,455 $1,567,337
FY 2027–28 $1,156,236 $450,284 $1,606,521
From FY 2024–25 to FY 2025–26, the City's direct cost increases from $450,000 to a total of $1,096,310 — a jump of $646,310, or approximately 143.6% in one year. This increase comes with no additional staffing, station expansion, or service enhancements beyond what existed in FY 2023–24.

The station will continue to operate under a 2-0 model (Fire Captain and Engineer).

Annual increases thereafter are fixed at approximately 5% per year, excluding any additional cost-ofliving adjustments (COLAs) that may be negotiated separately between Kings County and the Fire Union. The agreement essentially locks in pricing to the City for FY 2025–26 through FY 2027–28.

FISCAL IMPACT:

Cost for Fires Services, taken from 1010000 - PUBLIC SAFETY account:

FY 2024–25 $450,000
FY 2025–26 $1,096,310
FY 2026–27 $1,125,882
FY 2027–28 $1,156,236
This four-year agreement would result in a total general fund impact of approximately $3.83 million in direct payments to the County, with no relief for any grants, mutual aid or other contributions that the County may receive. While fire services remain a critical public function, the agreement marks a substantial and ongoing fiscal obligation for the City.

RECOMMENDATION:

By Resolution, enter into an Agreement for County Fire Services within the City of Avena, as presented in Attachment A, for FY 2025/26; 2026/27; & 2027/28; and authorize the Mayor to sign and execute said agreement on behalf of the City.

June 12, 2025 Pg. 29
2 919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. B

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF AVENAL ENTERING
INTO A FOUR (4) YEAR AGREEMENT

WITH KINGS COUNTY FOR FIRE

SERVICES WITHIN THE CITY OF AVENAL

AND, FURTHER, AUTHORIZE THE

MAYOR TO SIGN AND EXECUTE

AGREEMENT ON BEHALF OF THE CITY
COUNCIL RESOLUTION 2025-___
WHEREAS, the Kings County Fire Department has provided fire and emergency services for the City of Avenal for many years; and
WHEREAS, the city desires to continue the same level of service to ensure the health, safety, and welfare of the community; and
WHEREAS, it is in the best interest of the City of Avenal to enter into a Fire Services Agreement with Kings County for a term of four (4) year, July 1, 2024 - June 30, 2028.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Avenal does hereby authorize the mayor to sign and execute an "Agreement for County Fire Services within the City of Avenal" (Attachment A) for a term of four (4) year retroactively commencing on July 1, 2024.

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 JUNE 12, 2025, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
June 12, 2025 Pg. 30
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

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

2. Hereby authorizes the Mayor to enter into an agreement with County of Kings to provide Fire Protection Services to the City of Avenal up to, the direct General Fund payment amount of:
in line with the terms of the agreement.

3. Authorized the Mayor to sign and execute said agreement included as Attachment A.

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

FY 2024–25 $450,000
FY 2025–26 $1,096,310
FY 2026–27 $1,125,882
FY 2027–28 $1,156,236
June 12, 2025 Pg. 31

AGREEMENT FOR

COUNTY FIRE SERVICES

WITHIN THE CITY OF AVENAL
THIS AGREEMENT (“Agreement”) is made and entered into and effective this 24th day of June 2025, by and between the County of Kings, a political subdivision of the State of California (“County”) and the City of Avenal, a California municipal corporation (“City”), upon the following terms and conditions.

RECITALS:

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

2. This Agreement supersedes any prior agreement relating to fire services provided by the County to the City and establishes a comprehensive four-year service arrangement with defined compensation, responsibilities, and performance standards.

3. The City recognizes that providing fire services within City boundaries requires significant County resources, including personnel, equipment, facilities, administrative support, and assumption of service-related liabilities, the City therefore agrees to provide additional compensation to the County as set forth in this Agreement.

4. Under this Agreement, the County will provide fire services including two full-time fire staff positions (Fire Captain, Fire Apparatus Engineer), operational expenses for the fire station, and administrative and operational support staff, with compensation increasing over successive years.

5. The County will maintain operational control over all aspects of its fire service delivery, including personnel management, discipline, service standards, and operational procedures, while ensuing that services levels do not fall below those provided during the 2023-2024 fiscal year.

6. In order to confirm the details of this contractual relationship and establish clear rights, responsibilities, and compensation arrangements for the provision of fire services by the County within the incorporated areas of the City, the County and City enter into this Agreement as set forth, below.

1. Powers and Duties of County.

A. Enforcement Responsibilities. The Fire Chief of the County of Kings shall enforce State and City statutes and ordinances relating to fire prevention and protection, emergency medical response, rescues, hazardous materials responses, and fire June 12, 2025 Pg. 32
2 investigation functions within the City’s boundaries, but only to the extent that the Fire Chief performs the same or substantially similar services in the County. The Fire Chief shall not be required to assume any other enforcement duty or function not consistent with those customarily performed by the Fire Chief under County customs, ordinances, and statutes of the State of California.

B. Resources. Except in regards to stationery supplies and forms which must be issued in the name of the City, the County shall furnish all labor, supervision, equipment, facilities, and supplies necessary to maintain a level of services meeting the minimum requirements agreed to between City and County. The County shall not reduce said level of resources and services below that which was provided during the 2023-2024 fiscal year. In all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.

The County and the City shall retain exclusive ownership of all equipment, vehicles, supplies, and other tangible property that such party purchases or otherwise acquires using its own funds for the purpose of performing its respective obligations under this Agreement. Upon termination or expiration of this Agreement, each party may dispose of its owned property through sale, transfer, or other disposition without restriction. Neither party shall acquire any ownership interest in property purchased or owned by the other party, regardless of whether such property is used in the performance of services under this Agreement.

Notwithstanding the foregoing, if the County provides notice of cost overruns pursuant to Section 2.C and the parties are unable to reach agreement on appropriate compensation adjustments within the timeframes specified in Section 2.C, the County’s obligation to maintain the specified level of resources and services shall be suspended until such time as adequate compensation arrangements are established or this Agreement is terminated in accordance with Section 3.

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

D. Control of Services. The rendition of such services, the standards of performance, the discipline of officers, employees, and volunteers, and other matters incident to the performance of such services, and the control of personnel so employed, June 12, 2025 Pg. 33
3 shall remain with the County; provided, however, that, if in the judgment of the City Manager or City Council, any Fire Department officer, employee, or volunteer assigned to duty under this Agreement is not satisfactory to the City, the City Manager may so notify the Fire Chief in writing and within thirty (30) days of receipt of such a written notification, the Fire Chief shall respond in writing thereto.

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

F. Citizen Complaints. All citizen complaints from City residents regarding services provided pursuant to this Agreement shall be investigated and resolved by the County through its normal review procedures. City acknowledges that any complaint review and investigation is a confidential personnel matter the results of which shall only be disclosed according to County policy and applicable law.

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

2. Consideration – City’s Annual Obligation.

A. The City shall pay to the County the following amounts for the term of the agreement which includes two full-time fire staff (Fire Captain, Fire Apparatus Engineer) (commonly referred to as 2-0 staffing), operational expenses for the fire station, and administrative and operational support staff:
 FY24/25: $450,000.00 (annually)
 FY25/26: $91,359.19 per month
June 12, 2025 Pg. 34
4  FY26/27: $93,823.50 per month
 FY27/28: $96,353.03 per month
.

B. The City shall pay the above annual sum in equal quarterly installment payments, which shall be due on September 30th, December 31st, March 31st, and June 30th of the Fiscal Year. In the event that compensation is adjusted pursuant to Section 2.C during a fiscal year, the adjusted quarterly payments shall take effect beginning with the next quarterly payment due date following execution of the written amendment, with any retroactive adjustments to be paid within thirty (30) days of such amendment.

C. In the event that the County’s Actual costs for providing fire services to the City in any fiscal year exceed the annual compensation amount specified in Section 2.A by more than ten percent (10%), the County may provide written notice to the City documenting such cost overrun within sixty (60) days after the end of the applicable fiscal year. Upon receipt of such notice, the City Manager and the County Administrative Officer or County Fire Chief shall meet within thirty (30) days to review in good faith the documented cost increases and their underlying causes. The parties shall work collaboratively to identify whether such cost increases result from factors including but not limited to inflation exceeding anticipated levels, changes in labor costs, increased insurance or workers’ compensation expenses, regulatory compliance requirements, or enhanced service demands. If the parties determine that the cost increases are reasonable and necessary for maintaining the agreed-upon level of services, thy shall negotiate in good faith regarding an appropriate adjustment to the compensation amount for the remainder of the Agreement term. Any compensation adjustment agreed upon by the parties shall be memorialized through a written amendment to this Agreement executed in accordance with Section 5.I. The County’s obligation to continue providing services during the negotiation period shall not be affected, provided that such negotiations are concluded within ninety (90) days after the initial meeting.

3. Term of the Agreement.

The County will provide fire services to the City under this Agreement for a period of four (4) years, which shall commence on July 1, 2024, unless terminated by either party.

Either party may terminate this Agreement without cause upon no less than three (3) months written notice. A party may terminate this Agreement for cause, effective immediately, upon written notice. Written notice of termination of this Agreement must be given to the other party by personal delivery or registered mail as set forth below.

June 12, 2025 Pg. 35
5 Upon termination, the City shall be responsible for any and all unpaid amounts owed to the County for fire services performed up to and including the date of termination. Such payments shall be due to the County no later than thirty (30) days after the date of termination.

Either party’s inability or unwillingness to negotiate in good faith regarding cost adjustments under Section 2.C may constitute grounds for termination for cause under this section.

4. Indemnification.

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

5. Miscellaneous Provisions.

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

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

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

D. Good Faith Negotiation. The parties will use their best efforts in good faith to cooperate in fulfilling the terms of this Agreement. Should a dispute arise between the parties regarding administration of this Agreement or the services to be provided hereunder, the Administrative Officer of the County and City Manager of City, shall meet in an attempt to resolve the issue. Cost overrun disputes shall be addressed exclusively through the procedures established in Section 2.C.

June 12, 2025 Pg. 36
6 E. Waiver. The waiver by any party of a breach of any provision of this contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement. Further, no waiver of any term, condition, or covenant of this Agreement by either party shall be deemed as a waiver of any other term, condition, or covenant herein contained to the strict and proper performance thereof.

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

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

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

City of Avenal Kings County
City Manager County Administrative Officer
919 Skyline Blvd 1400 W. Lacey Blvd. Building 1
Avenal, CA 93204 Hanford, CA 93230
Either party may change the address to which the notices shall be sent by advising the other party in writing of the change. Nothing herein shall preclude the giving of any notice by personal service to the other party.

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

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

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

6. Authority.

A. Legal Authority. Government Code Section 36501 provides that the government of a general law city shall be vested in the officers therein named and June 12, 2025 Pg. 37
7 includes the designation of fire chief. Government Code Section 38611 provides that the legislative body of a general law city shall establish a fire department for the city, and that said fire department shall be under the charge of a chief who shall have had previous training and experience as a firefighter, and that the other members of said fire department shall consist of paid firefighters or such companies of call firefighters (hereinafter “volunteers”) as the legislative body may determine. Government Code Section 51301 authorizes the Board of Supervisors to contract with a city within the county and authorizes the city legislative body to contract with the county for the performance of city functions by appropriate county officers and employees. Government Code Section 51303 provides in part that: “The county officers and employees named in the contract shall exercise within the city all of the powers and duties conferred upon the city officers or employees named in the contract.”
B. Fire Chief. The City and County desire that the functions of the Chief of the Fire Department of City shall be performed by the Chief of the Fire Department of County acting as the Fire Chief of City.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written.
“County” “City”
Doug Verboon, Chairman Alvaro Preciado, Mayor
Kings County Board of Supervisors City of Avenal
ATTEST: ATTEST:

Catherine Venturella, Clerk Maria Ortiz
Board of Supervisors City Clerk
Approved as to Legal Form Approved as to Legal Form
Robert Lomeli Moses Diaz
Deputy County Counsel City Attorney
June 12, 2025 Pg. 38
FY 24/25 FY 25/26 FY 26/27 FY 27/28
City MOU 450,000 1,096,310 1,125,882 1,156,236
Est. Prop. Tax Rev. 424,313 432,799 441,455 450,284 ------------> 2% inc. year/year assumption Total Revenue 874,313 1,529,110 1,567,337 1,606,521
Total Expense 1,491,814 1,529,110 1,567,337 1,606,521 ------------> 2.5% inc. year/year assumption* Unreimb Cost (GF) (617,501) - - - (617,501) Grand Total GF Over the 4-Year Term *A 5% escalator is normal, however, we are assuming wages would stay relatively consistent over this time period given the substantial increases already given.

So, I just cut 5% in half to account for general inflationary increases and maybe a 1% COLA here and there if it comes up.

Alternative Scenario
June 12, 2025 Pg. 39
FY 24/25 Total Sta. 12 Portion Shift Total
Administration
Fire Inspections (annual business inspections) 140*$80 $ 11,200.00 $ 11,200.00 A shift
Captain $ 181,683.26 $ 332,317.11
Engineer $ 150,633.85
B shift
Captain $ 181,683.26 $ 341,413.16
Engineer $ 159,729.90
C shift
Captain $ 181,683.26 $ 341,413.16
Engineer $ 159,729.90
OT FY 23/24 $ 1,578,942.83 $ 126,315.43 $ 126,315.43
Staffing for 2 Person Station Plus Relief - Total for Avenal $ 1,152,658.85 Discount Relief and OT to Call Volume Percentage $ -
Grand Total of Station 12 Direct Cost for Staffing $ 1,152,658.85 FY 23/24 Station FY 23/24 Dept. % Spent Sta. 12
Supplies &Materials $ 239.83 $ 5,103.01 4.70%
Communications Phones $ 2,082.11 $ 52,004.93 4.00%
Communications Radio $ 12,257.33 $ 38,646.12 31.72%
Household $ 2,452.11 $ 38,705.34 6.34%
Office Equipment & Supplies $ 61.94 $ 8,474.54 0.73%
Maintenance - Equipment $ 63,755.45 $ 676,914.05 9.42%
Maintenance - S. I. & G. $ 180.00 $ 77,538.56 0.23%
Fuel And Oil $ 11,586.29 $ 257,482.56 4.50%
Small Tools & Instruments $ 281.26 $ 100,821.90 0.28%
Public Education $ 600.42 $ 7,205.06 8.33%
Utilities $ 13,476.09 $ 151,772.73 8.88%
Info Tech Serv $ 7,625.13 $ 76,251.24 10.00%
Dispatch Services $ 24,594.43 $ 246,311.76 9.99%
Direct Cost Total $ 139,192.39 $ 1,737,231.80
Station 12 Operation Cost - 241012 + 5% increase $ 146,152.01 Station 12 Summary of Direct Costs: Total Staffing $ 1,152,658.85 Operating Cost $ 146,152.01
Station Total Staffing and Operating Cost $ 1,298,810.86 Indirect Cost Rate (ICR): 14.86% $ 193,003.29
Station Cost Grand Total $ 1,491,814.15
Contribution from Avenal in FY 24/25 $ (450,000.00)
Avenal's Est. Property Tax Portion FY 23/24 $ (424,313.00) Unreimbursed Direct Costs $ 617,501.15
Cost for Station 12 - Avenal
Staffing Costs Per Year
June 12, 2025 Pg. 40

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