City Council/Successor Agency/Public Finance Authority
Regular MeetingAvenal, CA · March 9, 2023
Agenda
CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 9, 2023; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA
VIA ZOOM VIDEO/WEB CONFERENCING:
Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488
Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.
Study Session: None
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-16
(SA) LAST RESOLUTION: 2023-01 PFA LAST RESOLUTION: 2022-02
AGENDA
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:
2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem
Alejandro Ramirez, Mayor Alvaro Preciado.
CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per
month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
3. CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may
directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed-session concerning:
Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Initiation of litigation (Government Code § 54956.9(d)(4)).
Number of potential cases is: _1_.
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale,
exchange, or lease of real property by or for this agency as follows:
Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc.
Instructions to negotiator concerning: Terms of Payment.
4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to
the public that is within the subject matter authority of the City Council/Successor Agency. State Law prohibits any member of the
Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.
5. CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: February 22, 2023.
B. Consider A Resolution Authorizing a Water Line Reimbursement Agreement Between the City of Avenal and
NNNDG21 LLC., for the O'Reilly Tract Project.
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. None.
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams,
Public Works Director.
2. IT Department Activity Report: Humberto Bermudez, IT Manager.
3. Activities Department Report: Sheila Verdugo, Community Activities Supervisor.
March 9, 2023 Pg. 1
B. Special Presentations/Reports:
1) None
8. PUBLIC HEARING(s):
A. None
9. OLD BUSINESS:
A. Consider Extending Local Emergency Declared on May 27, 2021 (Drought): (Discussion/Action).
10. NEW BUSINESS:
A. None.
11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.
12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the
City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours
prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044
AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for
public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal
Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA
93204 on, March 6, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
March 9, 2023 Pg. 2
CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 9 DE MARZO DE 2023; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA
A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM :
Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488
O llamando al +1 669 900 6833 y use el ID de reunión 872 4344 0488 para unirse.
Sesión de estudio: Ninguna
ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-16
(SA) ÚLTIMA RESOLUCIÓN : 2023-01 PFA ÚLTIMA RESOLUCIÓN: 2022-02
AGENDA
1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:
2. PASE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde interino Alejandro
Ramírez, Alcalde Álvaro Preciado.
SECRETARIO MUNICIPAL: Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a
recibir un total de $ 300.00 por mes debido a haber sido elegidos para el Concejo Municipal. No reciben ninguna otra compensación
por sentarse como miembros de la Agencia sucesora.
3. SESIÓN CERRADA: (Ciudad/ Agencia sucesora):
La intención de este órgano rector es reunirse a puerta cerrada para revisar su posición e instruir a sus representantes designados: Cualquier
persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la sesión privada.
A. LITIGIO PENDIENTE (Código de Gobierno § 54956.9).
Este órgano rector tiene la intención de reunirse a puerta cerrada en relación con:
Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).
Iniciación de litigios (Código de Gobierno § 54956.9(d)(4)).
El número de casos potenciales es: _1_.
B. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).
Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes inmuebles sobre la compra,
venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera :
Descripción de la propiedad: APN: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad
Parte con la que negocia Avenal Sand Drags Association, Inc.
Instrucciones al negociador sobre: Condiciones de pago.
4. COMENTARIOS PÚBLICOS / ANUNCIOS Y APARICIONES NO PROGRAMADAS:
Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier tema de la agenda o
sobre cualquier otro tema de interés para el público que esté dentro de la autoridad del Concejo Municipal / Agencia sucesora.
La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se
permiten tres (3) minutos por persona.
5. CALENDARIO DE CONSENTIMIENTO:
Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).
A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia sucesora para: 22 de febrero de
2023.
B. Considere una resolución que autorice un acuerdo de reembolso de la línea de agua entre la Ciudad de Avenal
y NNNDG21 LLC., para el Proyecto O'Reilly Tract.
6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A CONSIDERAR:
A. Nuno.
7. 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: Rob Williams, Director de Obras Públicas.
March 9, 2023 Pg. 3
2. Informe de Actividades del Departamento de TI: Humberto Bermúdez, Gerente de TI.
3. Informe del Departamento de Actividades: Sheila Verdugo, Supervisora de Actividades Comunitarias.
B. Presentaciones especiales/informes:
1) Ninguno
8. AUDIENCIA(s) PÚBLICA(s):
A. Ninguno
9. NEGOCIO ANTIGUO:
A. Considere extender la emergencia local declarada el 27 de mayo de 2021 (sequía): (discusión / acción).
10. NUEVOS NEGOCIOS:
A. Ninguno.
11. CORRESPONDENCIA/ANUNCIOS/ COMENTARIOS FINALES:
• Temas del programa próximos/futuros que han de examinarse.
• Correspondencia/Anuncios/Información/ Comentarios finales.
12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión,
comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal,
CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a
esta reunión [28 CFR 35.02.35.1044 AA Título II].
2) Los materiales relacionados con un tema de esta Agenda presentados al [Consejo/Autoridad] después de la distribución del paquete de
agenda están disponibles para inspección pública en la oficina de [Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204
durante el horario comercial normal .
Certifico que este taller de Agenda del Ayuntamiento de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo
Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline
Blvd. Avenal CA 93204 el 6 de marzo de 2023.
__ /s/ María Ortiz
Maria Ortiz, Secretaria Municipal
March 9, 2023 Pg. 4
AGENDA ITEM NO. 5. – A.
CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
FEBRUARY 23, 2022; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA
VIA ZOOM VIDEO/WEB CONFERENCING:
Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and
use meeting ID 872 4344 0488 to join.
MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:15 p.m.
ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Alvaro Preciado, Mayor Pro Tem
Alejandro Ramirez.
ABSENT: None.
STAFF: Lopez, Ortiz, Bermudez, Davis, Williams, Verdugo, Yang.
LEGAL COUNCEL: Moses Diaz.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per
month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
The City Council went into Closed Session at 5:18 p.m.
CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any
person may directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed session concerning:
Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Initiation of litigation (Government Code §
54956.9(d)(4)). Number of potential cases is: _1_.
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale,
exchange, or lease of real property by or for this agency as follows:
Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association,
Inc. Instructions to negotiator concerning: Terms of Payment.
C. Conference with Labor Negotiator(s) (Government Code § 54957.6).
It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:
Designated representatives: -City Manager
Mayor Preciado re-opened meeting at 6:01 p.m. with nothing to report out of Closed Session.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Veronica Ayala stated that if the City Council would allow 2-chickens, because egg is expensive in stores.
Antony Lopez, City Manager the City Council cannot respond on item not on the agenda. The Planning Commission and the Council
is reviewing and looking at updating the zoning ordinance and could include having residential chickens maybe two or three and no
roosters. It is being updated hopefully by this year or soon.
Veronica Aguirre stated following up on the fire regarding mulch and any mitigation measures the Landfill will be inputting.
CONSENT CALENDAR:
March 9, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – February 23, 2023
Page 2 of 5
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: February 9, & 16, 2023.
B. Updated Financials from Price Paige & Company – January 2023; Cash and Financial Statements, Check
Register (May 2021 – January 2023).
C. Ratify Updated Resolution 2023-12: Approved Capital Expenditure from Wastewater Enterprise Fund for Solar
PV System at the Wastewater Treatment Plant.
D. Consider Authorizing the City Manager to Apply for the AB 836 Clean Air Centers Pilot Program through the San
Joaquin Valley Air Pollution Control District: Resolution 2023-13.
E. Consider Authorizing the Submittal of a 2023 CAL HOME Super NOFA Program Application:
Resolution 2023-14.
F. Consider Resolutions for renewing Employment Agreement with the City Manager and Approval/Ratification of
Related Agreement.
Council Member/Successor Agency Member Gravelle made motion to approve Consent Calendar, seconded by Council
Member/Successor Agency Member Hernandez, and motion carried.
RESOLUTION 2023-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE
SUBMITTAL OF AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
CLEAN AIR CENTERS PILOT PROGRAM. Councilman Gravelle motioned to approve, second by Councilman Hernandez,
and motioned carried.
RESOLUTION 2023-14: A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF
A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2022 HOMEOWNERSHIP SUPER
NOFA (HOSN) DATED JANUARY 6, 2023. Councilman Gravelle motioned to approve, second by Councilman Hernandez,
and motioned carried.
RESOLUTION 2023-15: AUTHORIZATION TO EXECUTE AMENDMENT NO. 1 TO CITY MANAGER
EMPLOYMENT. Councilman Gravelle motioned to approve, second by Councilman Hernandez, and motioned carried.
Roll Call Vote:
AYES: Gravelle, Hernández, Verdugo, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
Mayor Preciado recuse himself from following checks: # 49540; 1270; 1373.
Councilman Verdugo recuse himself from the following: Checks # 49573; 1285; 1394.
MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:
A. Avenal Landfill Beautification Report: George Anderson, Site Manager, Waste Connections.
George Anderson, Site Manager, Waste Connections reported the following: Update beautification of the landfill; 3) continue working
on cell C and then cell 6 area; 4) working with Fresno Tree for tree grant and placing more trees; and 6) Landfill mulch fire – The were
thorough investigation by all agencies. Mr. Anderson decided to start talking to Landfill engineers and that led to a couple of geoscientists
that are experts in mulch, green waste, and compost and after having a conversation with Clayton Coles of Lawrence and Associates it
was bacteria that is thermal Phillip is the correct pronunciation for these bacteria. The bacteria that are in mulch, wood chips, and they are
feeders create warmth to mulch that is stacked more than four to six feet high. Also, leading causes to produce these bacteria is the
moisture. Mr. Anderson has an open-door policy anyone can come and tour the landfill and ask questions.
Veronica Aguirre reported that she would like to have a meeting with Mr. Anderson to discuss the mulch and mitigate the issues and
solutions.
B. City of Avenal Major Projects and Hiring Report: Antony V. López, City Manager.
Antony V. López, City Manager reported the following: 1) Thanked Council for approval his evaluation and set goals for the City
Manager; 2) City Manager Lopez reported on a spreadsheet all the city’s major projects and keep in mind this is a draft. It can be
presented monthly. This spreadsheet will be updated with all department as well.
March 9, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – February 23, 2023
Page 3 of 5
Councilman Gravelle & Mayor Pro Tem Ramirez would like to suggest due to not having audit for FY 19/20 20/21 that if legal counsel is
needed for SotoMayor auditors regarding final audit report and will leave it up to the City Manager Lopez and City Attorney’s discretion.
After a brief, discussion the City Council is approves the spreadsheet and will see updates monthly.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1) Community & Economic Development Report: Kao Nou Yang, Director
Kao Nou Yang, Director reported the following: 1) Planning Division; 2) Long Range Planning; 3) Building and Permit Applications-
The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business
License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY FOR PERMIT
ONLINE. We also have a QR code for the Online portal. If any applicant, community member or resident has any questions, we are
happy to help answer and show you how to submit online. PLEASE NOTE: any new building permits being submitted now will
need to comply with the new 2022 California Building Code. If they do not comply with new building regulations, they will be
rejected and considered incomplete from January 2023 to February 2023, the city has already received over 35 electronic
submissions of Building permits. We are continuing to do Inspections on Monday, Wednesday, and Thursday as schedule with our
Willdan Inspector. The Building Inspector Position is currently out for recruitment. I have created flyers and will be sending them out
for posting as well. If you know anyone that meets the qualification or have any questions about it, please feel free to contact me; and
4) Economic Development (CrisComm); 5) Programs: First Time Home Buyer Program – Flyer is available at City Hall. Ongoing
program that is implemented by Self-help Enterprise on behalf of the city for any information please contact Self Help Enterprises.
Home Rehabilitation Program- Flyer are available at City Hall. Ongoing program that is implemented by Self-help Enterprise on
behalf of the city for any information please contact Self Help Enterprises. Accessory Dwelling Unit (ADU) Program - Flyer are
available at City Hall. Brand New Program that is implemented by Self-help Enterprise on behalf of the city. Prior to Speaking to Self-
help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your
property is eligible for an ADU and of a Zoning land use permit is required prior to implementation.
2) Police Department Activity Report: Robert A. Nevarez, Chief of Police
Robert A. Nevarez, Chief of Police reported the following: 1) Leadership Stability; 2) Recruit and Retain the best; 3) International
Model of Community Trust; 4) Amongst the safest cities in America; 5) Embrace wellness amongst our employees; and
6) Significant Incidents:
• February 4th - 9:03 PM Officer Gracida conducted a traffic enforcement stop on a Gray Chevy Cruze for a moving violation.
During the contact, he saw several THC vape pens on the passenger side seat. A search revealed 60 THC vape pens. The
suspect was arrested for possession of an illegal sustained.
• February 8th - 9:53 PM Officers responded to 1000 Block of E. Whitney for shots fired. On arrival officers located a subject
standing in his driveway. He said two subjects walked by his residence. One of them pulled out a handgun and began
shooting at him. Approximately 4-5 shots were fired. The victim was not struck but his vehicle was struck twice. The
suspects ran away.
• February 10th - 9:45 PM Officers assisted the CHP on a pursuit. The pursuit began on 269/Avenal cut-off, towards Avenal.
• February 11th - at 2200 hours, Officers were dispatched 1217 South 7th Street for a report of a shooting. On arrival, a
“Sureno” gang member was found with gunshot wounds to his legs. We located two crime scenes and 34 shell casings. The
victim and witnesses were uncooperative.
• February 12th - at 1353 hours, 400 block of South Fourth we received a call of 5-7 shots fired, with one vehicle hit, dark
silver Chevy Malibu, no front license plate, tinted windows, with a sunroof. Two suspects were seen in the vehicle.
B. Special Presentations/Reports:
1) None
PUBLIC HEARING(s):
A. None.
OLD BUSINESS:
A. Consider Extending Local Emergency Declared on March 24, 2020:
City Manager Lopez reported that on March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local
Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic. On October 28, 2021, the Avenal
City Council adopted Resolution No. 2021-48 to satisfy AB 361 to continue Teleconferenced Meeting. The declarations are required
to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local
emergency no longer exists.
March 9, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – February 23, 2023
Page 4 of 5
On October 17, 2022, Governor Newsom announced that the COVID-19 emergency will end on February 28, 2023. After the
February 23, 2023, Avenal City Council Meeting, the state emergency due to COVID-19 will conclude. Currently, Staff recommends
that the Council make a finding that a local emergency no longer exists per the State of California’s own declaration.
Once the State’s own emergency declaration is rescinded on February 28, 2023, AB 361 will no longer be in effect. This means elected
and appointed officials to the Avenal City Council, Avenal Planning Commission, and Avenal Recreation Commission must participate
in person or abide by the Brown Act in posting their meeting location that is open to the public, along with the agenda, if they wish to
participate (vote) remotely. Staff, special presentations, and the public will still be allowed to participate remotely.
Currently, staff is recommending the City Council consider the following action by motion:
Make the finding the that a local emergency for COVID-19 no longer exists, due to the October 17, 2022, announcement by
Governor Gavin Newsome declaring that the COVID-19 emergency will end on February 28, 2023. Given that no other changes
or announcements have been made by February 23, 2023.
Staff recommends that the Council motion to end the Local Emergency due to COVID-19 on February 28, 2023, in concurrence with
the State of California’s action to end the COVID-19 Emergency Declaration
Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez, and motion carried.
Roll Call Vote:
AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
B. Consider Extending Local Emergency Declared on May 27, 2021:
City Manager Lopez reported that the Local Emergency due to the existence or threatened existence of a local emergency: Severe Water
Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to
exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action
by motion:
Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency
Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to
consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.
Councilman Verdugo motioned to approve as recommended, seconded by Councilman Hernandez, and motion carried.
Roll Call Vote:
AYES: Verdugo, Hernandez, Gravelle, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
NEW BUSINESS:
A. Consider Declaring Two Parcels Owned by The City of Avenal as Surplus Land Per Government Code Section 54221 and
Authorize the City Manager to send Surplus Land Notices of Availability: Kao Nou Yang, Community & Economic
Development Director:
Community & Economic Development Director Yang reported the Surplus land is defined as land owned by any local agency (city,
county, or district) that is no longer necessary for agency use. In order for that land to be declared surplus, the local agency’s
governing body shall take formal action at a regular meeting declaring the land to be surplus per Government Code Section 54220 et.
seq. In 2019, Governor Newsom signed Assembly Bill 1486, an amendment to the Surplus Land Act (SLA) into law to further
promote affordable housing development on unused or under-utilized local agency property throughout the State by strengthening
reporting and enforcement provisions. This amendment is meant to address the housing crisis the State is facing and help create more
development of more housing all over the State.
The City of Avenal owns a number of vacant pieces of land throughout the community. Specifically, the property is located at the
Northwest corner of South Seventh Avenue and Highway 33, Assessor’s Parcel Number (APN): 040-320-009 and 040-320-014. This
property consists of two legally created parcels as defined below:
March 9, 2023 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – February 23, 2023
Page 5 of 5
Assessor’s Parcel Number (APN) Parcel Size – Lot Size
040-320-009-000 1.58 Acres
040-320-014-000 1.47 Acres
Community Development Director Yang continues that both properties are currently undeveloped and vacant with no historical
information of any development being proposed other than the Avenal Transit Station/Hub. The properties are currently designated as
Public Facility (PF) as per the 2035 General Plan and zoned Public Facility (PF) as per the zoning ordinance, which does allow the
Community & Economic Development Director to determine the potential and/or conditional uses for the properties. The City does not
have any plans to utilize these properties for any public or quasi-public uses for the local agency. One main potential for these properties
is to help bring economic growth and commerce development to the City and its community. Therefore, with the information provided
above, the properties meet the definition of what could be considered surplus land. This item has been reviewed by City Attorney,
Community & Economic Development, and City Manager.
Staff recommends Adopt Resolution No. 2023 – 16 declaring that the properties identified as APN 040-320-009-000 and 040-320-
014-000 is surplus land and no longer necessary for city use.
If the Council adopts Resolution No. 2023-16 the following actions are required pursuant to Government Code Section 54220 et. seq:
A. Direct the City manager or designee to follow the procedures set forth in the Surplus Land Act pursuant to California
Government Code Section 54220 et. seq. for the sale of surplus land such as:
1. Offer the property for development of affordable housing, open space, schools, and parks by providing a Notice of
Availability of surplus land for lease or purchase on the California Housing and Community Development (HCD's)
website for 60 days.
2. If offers are received and inquired, the City must then negotiate in good faith with those parties who have expressed
interest for a minimum of 90 days. The City is not required to accept less than the Fair Market Value on the property.
Council can provide directions to staff on price and terms of sale in closed sessions.
3. After 90 days, if an agreement is not reached, then the City may proceed forward with other plans for the property.
RESOLUTION 2023-16: A RESOLUTION DECLARING TWO PARCELS OWNED BY THE CITY OF AVENAL AS
SURPLUS LAND PER GOVERNMENT CODE SECTION 54221 AND AUTHORIZE THE CITY MANAGER TO SEND
SURPLUS LAND NOTICES OF AVAILABILITY. Councilman Gravelle motioned to approve, second by Councilman
Hernandez and motioned carried.
Roll Call Vote:
AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
Maria Ortiz, City Clerk reported the following: 1) reminder 700-forms due April 1, 2023, and will touch basis with City Council.
City Manager Lopez reported the following: 1) Thanked for a speedy meeting and renewing his City Manager contract for 5-years;
and 2) City Manager will be out of town this weekend.
Councilman Verdugo wanted to know if were ready for this winter storm. City Manager Lopez stated yes.
Mayor Preciado reported the following: 1) wanted an update on 18inch pipeline. Scott Davis, Public Work Supervisor mentioned that
there some delays, but everything moving forward.
ADJOURNMENT:
There being no further business the City Council meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Maria Ortiz, City Clerk
March 9, 2023 Pg. 9
AGENDA ITEM NO. 5. - B
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
TO: The Honorable Mayor and City Council
FROM: Rob Williams, Public Works Director & Antony V. López, City Manager
DATE: March 9, 2023
RE: Consider A Resolution Authorizing a Water Line Reimbursement
Agreement Between the City of Avenal and NNNDG21 LLC., for the
O'Reilly Tract Project
INFORMATION:
In 2022, when Dollar General was being built, a number of utility improvements were made to
the parcel that was developed next to City Hall. The investor/developer, NNNDG21 LLC., who
is accustomed to purchasing and developing many of these types of stores, is looking to
minimize their costs for some of the utility improvements that may benefit other future
developments.
Specifically, as a commercial development, Dollar General, was required to include a tie-in from
the City’s main 8” distribution line and stub out a 6” line for a 6” hydrant/fire suppression
purposes. This tie-in will be utilized by the other tract adjacent to City Hall, where O’Reilly’s is
being developed. Had O’Reilly’s development started first, they would have made the necessary
improvements and upsizing, and Dollar General would have to tie into their improvement.
The cost for this water line improvement was close to $62,000, of which NNNDG21 LLC., is
hoping to be reimbursed up to $12,000 from any future developer/development that may benefit
from this stub-out. Thus, NNNDG21 LLC., has requested that the City assist by brokering a
reimbursement agreement against future developers who will access the tie-in. In this case,
NNNDG21 LLC., to O’Reilly.
In essence, the City will act as a middle-person to requiring that O’Reilly pay NNNDG21 LLC.,
the appropriate portion of the reimbursement for access to the tie-in that NNNDG21 LLC., put in
at their cost.
The City Attorney, Public Works Supervisor, and City Manager all reviewed the attached
agreement, which includes language indemnifying the City and making no obligations of an
money if O’Reilly does not end up developing or paying.
RECOMMENDATION:
In the spirit of economic development and to help see more commerce to the City of
Avenal, Staff recommends that the City Authorize a Water Line Reimbursement
Agreement Between the City of Avenal and NNNDG21 LLC., for the O'Reilly Tract
Project, and authorize the City Manager to sign on the City’s behalf.
FISCAL IMPACT:
None. Only minimal staff time reviewing and enforcing the documents.
March 9, 2023 Pg. 10
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION AUTHORIZING A RESOLUTION 2023-_17__
WATER LINE REIMBURSEMENT
AGREEMENT BETWEEN THE CITY
OF AVENAL AND NNNDG21 LLC.,
FOR THE O'REILLY TRACT
PROJECT
WHEREAS, the City of Avenal, a political subdivision of the State of California,
that provides water and sewer services to private and commercial customers; and
WHEREAS, investor and developer, NNNDG21 LLC., opened a Dollar General
retail store in 2022; and
WHEREAS, as conditions of the construction of the Dollar General project
located at 917 E San Joaquin Street, required a stub out of a six (6) inch water line from
the City’s eight (8) inch water distribution line for fire suppression services; and
WHEREAS, these Public Improvements will also benefit properties other than
those owned by the Developer; and
WHEREAS, NNNDG21 LLC., has paid all applicable connection fees and direct
costs associated with design and construction of the Public Improvements, but has not
been reimbursed for eligible costs related to the installation of the six (6) inch water line;
and
WHEREAS, NNNDG21 LLC., has requested that the City enter into an Water
Line Reimbursement Agreement to impose a connection fee against the O’Reilly Tract in
the amount up to $12,000 (the “O’Reilly Connection Fee”) and to remit the same to
NNNDG21 LLC.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL
REGULAR MEETING HELD ON FEBRUARY 23, 2023, BY THE FOLLOWING
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
March 9, 2023 1 of 2 Pg. 11
ATTEST:
Alvaro Preciado, Mayor MARIA A. ORTIZ, City Clerk
CITY OF AVENAL CITY OF AVENAL
******************
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. Authorizes a Water Line Reimbursement Agreement Between the City of Avenal
and NNNDG21 LLC., for the O'Reilly Tract Project, and authorize the City
Manager to sign on the City’s behalf.
3. To impose a connection fee against the O’Reilly Tract in the amount up to
$12,000 (the “O’Reilly Connection Fee”) and to remit the same to NNNDG21
LLC.
4. That relevant connection fees be charged in connection with O’Reilly’s
development and request for approval of its project
5. Ordered the City Manager relevant City staff to carry out the terms and conditions
of this resolution and to take all steps reasonably necessary, proper and/or
convenient and/or incidental thereto.
******************
March 9, 2023 2 of 2 Pg. 12
WATER LINE REIMBURSEMENT AGREEMENT
THIS WATER LINE REIMBURSEMENT AGREEMENT (“Agreement”) is made as of
March , 2023 (“Effective Date”) by and between CITY OF AVENAL, a California
municipal corporation (“City”) and NNNDG21 LLC, a California limited liability company
(“NNNDG”), its successor and assigns. City and NNNDG are sometimes referred to herein
individually as a “Party” and collectively, as the “Parties”.
W I T N E S S E T H:
WHEREAS, NNNDG is the owner of that certain parcel of land located in Kings County,
California more particularly described on Exhibit “A” attached hereto (“NNNDG Tract”).
WHEREAS, as part of the development of the NNNDG Tract, NNNDG was required to
install a water line in Skyline Boulevard and extend the same to the boundary of the parcel of
land located adjacent to Skyline Boulevard and more particularly described on Exhibit “B”
attached hereto (“O’Reilly Tract”).
WHEREAS, as consideration for NNNDG extending the water line to the O’Reilly Tract,
the City has agreed to impose a connection fee against the O’Reilly Tract in the amount up to
$12,000 (the “O’Reilly Connection Fee”) and to remit the same to NNNDG upon the terms and
conditions described herein.
ACCORDINGLY, for good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged by the Parties, the Parties do hereby covenant and
agree as follows:
1. Water Line Installation. As of the Effective Date, NNNDG has completed
installation of a water line and associated improvements and has stubbed said water line to the
adjacent tract on the City’s Property. Said work was performed in accordance with the approved
plans and permits therefor and the City has approved and accepted such work.
2. O’Reilly Connection Fee and Remittance. As consideration for the installation of
the water line and associated improvements described in Paragraph 1, the City shall impose the
O’Reilly Connetion Fee against the O’Reilly Tract and collect the same from the then current
owner of the O’Reilly Tract as a condition to the issuance of a final occupancy permit. The City
shall not be required to impose a connection fee on O’Reilly’s which exceeds the amount
authorized by law Within thirty (30) days after the O’Reilly Connection Fee is received by the
City, the City shall remit the same to NNNDG at the following address:
NNNDG21 LLC
Attn: David Church
15882 Wakefield Lane
San Diego, CA 92127
March 9, 2023 Pg. 13
i. The Reimbursement to NNNDG for development by O’Reilly will be calculated
upon an equivalent dwelling unit (EDU) basis.
ii. Under no circumstances will O’Reilly be required by the CITY to pay connection
fees for a Reimbursement in an amount which would violate applicable laws.
iii. NNNDG acknowledges and agrees that no Reimbursement is required to be paid by
CITY to NNNDG until CITY actually receives the Reimbursement sum from O’Reilly.
iv. NNNDG acknowledges and agrees that CITY is under no obligation to institute
collection proceedings or to otherwise ensure payment of Reimbursement by O’Reilly other
than to charge the connection fees and to withhold any requested connections pending
payment by O’Reilly. NNNDG will have no claim against any other source of CITY
revenue, including without limitation property tax, street light and water fund monies.
v. The Parties acknowledge and agree that CITY’s obligation to collect and transfer to
NNNDG the Reimbursements will cease when the term of this Agreement expires or when
all of the Reimbursements to the NNNDG equal $12,000.
3. Assignment/Binding Effect. NNNDG shall have the right to assign its rights
under this Agreement in connection with any sale of the NNNDG Tract, and to collaterally
assign its right to receive the O’Reilly Connection Fee in connection with any loan secured by all
or any part of the NNNDG Tract. This Agreement shall be binding on and inure to the benefit of
the Parties and their respective successors or assigns.
4. Breach and Remedies. If City breaches this Agreement, NNNDG shall have all
rights and remedies available at law or in equity including, but not limited to, the right to seek
specific performance of the rights and covenants herein.
5. Duration. The provisions of this Agreement shall remain in effect up to ten (10)
years after execution of this agreement, or until the O’Reilly Connection Fee has been remitted
to NNNDG as contemplated herein, whichever comes first.
6. Representations and Warranties. City hereby represents and warrants to NNNDG
that City has the full right, authority and power to enter into this Agreement, to impose the
O’Reilly Connection Fee and grant the rights contemplated herein and to perform its obligations
hereunder, and each of the individuals executing this Agreement on behalf of City are authorized
to do so. Upon the execution of this Agreement, this Agreement will constitute a valid and
legally binding obligation of City enforceable against City in accordance with its terms.
7. Indemnification. NNNDG must defend (with legal counsel of CITY’s choice),
indemnify and hold the CITY, its officials, officers, employees, consultants and agents free and
harmless from each, any and all claims, liabilities, losses, costs, expenses, damages or injuries to
property or persons, including wrongful death, in any manner arising out of or incident to the
CITY’s performance under and in connection with this Agreement including, without limitation,
the payment of all attorneys’ fees and all other related costs and expenses however caused,
regardless of whether the allegations are false, fraudulent or groundless, and regardless of any
negligence of the CITY, its officials, officers, employees, consultants and agents (including
passive negligence), excluding the sole negligence or willful misconduct or sole active
negligence
March of the CITY, its officials, officers, employees, consultants and agents. NNNDG’s
9, 2023 Pg. 14
obligation to indemnify shall survive the expiration or termination of this Agreement.
8. No Third-Party Beneficiaries Intended. Unless specifically set forth, the parties to
this Agreement do not intend to provide any other person or entity other than a signatory hereto
with any enforceable legal or equitable benefit, right or remedy.
9. Entire Agreement Represented. This Agreement represents the entire agreement
between the parties hereto as to its subject matter and no prior oral or written understanding shall
be of any force or effect. No part of this Agreement may be modified without the written consent
of both parties.
10. Miscellaneous. This Agreement shall be governed in accordance with the laws of
the State of California. The paragraph headings in this Agreement are for convenience only,
shall in no way define or limit the scope or content of this Agreement, and shall not be
considered in any construction or interpretation of this Agreement or any part hereof. Nothing in
this Agreement shall be construed to make the Parties hereto partners or joint venturers. This
Agreement may be amended, modified or terminated only in writing, executed and
acknowledged by NNNDG and the City. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, City and NNNDG have executed this Agreement as of the
Effective Date.
CITY:
CITY OF AVENAL, a California municipal corporation
By:
Antony V. López
Print Name:
Title: City Manager
APPROVED AS TO FORM:
______________________________
MOSES DIAZ, CITY ATTORNEY
[NNNDG SIGNATURE PAGE FOLLOWS]
2
March 9, 2023 Pg. 15
NNNDG:
NNNDG21 LLC, a California limited liability company
By: NNN Retail Development California LLC, a California
limited liability company, its Manager
By: NNN Retail Development, LLC, an Arizona
limited liability company, its Manager
By:
David Church, its Manager
3
March 9, 2023 Pg. 16
EXHIBIT “A”
Legal Description of NNNDG Tract
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,
TOWNSHIP 22 SOUTH, RANGE 17 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 15 DISTANCE
EASTERLY THEREON 1522.78 FEET, MORE OR LESS FROM THE SOUTHWEST
CORNER OF SECTION 15, THENCE NORTH 0° 08’ WEST 40 FEET TO THE TRUE POINT
OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUING NORTH 0° 08’ WEST 270 FEET;
THENCE NORTH 89° 52’ EAST PARALLEL WITH THE SOUTH LINE OF SAID SECTION
15, 165.0 FEET;
THENCE SOUTH 0° 08’ EAST, 245.35 FEET MORE OR LESS TO A POINT IN THE
NORTHWESTERLY LINE OF SKYLINE ROAD (100 FEET WIDE);
THENCE SOUTH 59° 01’ WEST ALONG SAID NORTHWESTERLY LINE, 48.07 FEET TO
A POINT DISTANT NORTHERLY 40 FEET MEASURED AT RIGHT ANGLES FROM THE
SOUTH LINE OF SAID SECTION 15, THENCE SOUTH 89° 52’ WEST 123.73 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS, ASPHALTUM AND OTHER MINERALS
WITHIN OR UNDERLYING THE PREMISES HEREIN DESCRIBED, OR THAT MAY BE
PRODUCED THEREFROM, AS RESERVED IN DEED FROM STANDARD OIL
COMPANY OF CALIFORNIA, A CORPORATION, TO M.H. STANSBURY, ET AL.,
RECORDED IN OFFICIAL RECORDS.
Also known as APN 040-301-026
March 9, 2023 Pg. 17
EXHIBIT “B”
Legal Description of O’Reilly Tract
[see attached]
March 9, 2023 Pg. 18
March 9, 2023 Pg. 19
Purnico Inc
Invoice
22845 Savi Ranch Parkway
Suite H Date Invoice #
Yorba Linda, CA 92887 7/1/2022 1429
Bill To Ship To
NNN Retail Development
Dollar General-Avenal
David Church
917 E. San Joaquin Street
15882 Wakefield Lane
Avenal, CA 93204
San Diego, CA 92127
P.O. No. Terms Project
David Church
Serviced Description Amount
6/24/2022 CO5 (Stout) for the water line install 61,706.00
Thank you for your business.
Total $61,706.00
March 9, 2023 Pg. 20
AGENDA ITEM NO. 7. A. -1)
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: March 6, 2023
RE: Public Works Monthly Report February 2023
INFORMATION:
7300 CODE ENFORCEMENT:
Staff continues to work on property and weed abatements and reminding citizens that we still need to
conserve water. Code Enforcement assisted Avenal P.O. with an illegal marijuana grow and is working
with the property owner to get the property cleaned up.
SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:
Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport
Complex, the Ken Brown Public Safety Center, and Elliott Park. We are continuing to keep two (2)
restrooms open at Rice Park. The concrete work for ADA access to the park is complete, P. W. will be
patching the asphalt and marking parking stalls to complete the project.
9000 ANIMAL CONTROL DEPARTMENT:
Staff continues to maintain the Animal Shelter. Staff is still working hard to get dogs spayed and nurtured
as well as working with rescue groups to get the dogs adopted. Between Avenal Dogs and Corcoran dogs
the shelter is staying full.
SEE ATTACHED REPORT.
13000 STREETS:
Staff maintains city streets, signs, flags, and banners. We will be patching between other projects. The
street sweeper is being used Tuesday's and Friday's, its good that we now have two as we took one to get
the PM filter serviced.
14100 WATER DISTRIBUTION:
Staff continues to work with the City Engineer for the 18" water transmission replacement. We continue to
review submittals from the contractor for the fittihgs and other pa1ts for the project. The contractor has had
delays due to weather but is scheduled to statt March 6th or 13 th . February was a quiet month with no water
leaks on the 18" main. Staff continues to maintain and repair the distribution system.
15000 WASTEWATER COLLECTIONS:
Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There
were six (6) sewer plugs one (1) on city side and five (5) on customer side. Staff is continuing the enzyme
treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:
Staff continues to maintain city-owned prope11y, vehicles, and equipment and continues monthly/quarterly
rep011ing to SJV APCD.
March 9, 2023 Pg. 21
Monthly Report
February 2023
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 18
Courtesy Verbal Abetments 25
Courtesy Door Hangers 32
Abetments Completed 68
Pending 07
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 02
Illegal Occupancy 01
Illegal Venders 02
Complaints Received 05
*Phone 02
*Walk In 00
Miscellaneous Inspections 36
Miscellaneous Meetings 02
Recycling Control 03
Graffiti Control 17
Water Waste Control (verbal and/or citations) 03
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 02
Notes: With lots of rain came a few problems. You might have seen or heard of homeless
sleeping on Kings St. Staff have been getting complaints to remove them and have been
active in doing that. There is a fine line as to how much we can do but we are trying our
best to keep downtown looking good. Also, with all the rain some of our residents’
thought drought was over even with rumors that council ended the restriction. Many were
beginning to wash their cars - so verbal was giving along with schedule. Graffiti started
again, shows a good number but this time its little incidents such as names nothing too
big.
March 9, 2023 Pg. 22
City Of Avenal
Animal Control Activity Report
February 28, 2023
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: February 1, 2023 to February 28, 2023
Animal Control Activity Report
Total dogs 55
RETURNED TO OWNER 5
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 28
DOGS RESCUED 21
DOG BITE(S) 1
CITATIONS 0
COMPLAINTS 15
DOOR HANGERS 7
CATS DETAINED 7
EUTHANIZED 0
RESCUED 4
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 2
Cats 4
Other Animals Deceased 0
March 9, 2023 Pg. 23
City Of Corcoran
Animal Control Activity Report
February 28, 2023
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: February 1, 2023 to February 28, 2023
Animal Control Activity Report
Total Dogs 47
RETURNED TO OWNER 4
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 23
DOGS RESCUED 20
DOG BITE(S) 2
CITATIONS 2
CATS DETAINED 7
EUTHANIZED 0
RESCUED 5
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 3
Cats 6
Other Animals Deceased 0
March 9, 2023 Pg. 24
AGENDA ITEM NO. 7- A.2
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: March 6th, 2023
RE: Information Technology Monthly Report February Report 2023
CURRENT PROJECTS:
Internet: AT&T FirstNet provided a 30-day free demo unit to test services across
facilities where Verizon coverage has been unreliable. No findings at the time of
reporting. Staff purchased 60Ghz antennas as another solution to reach internet out to
the Public Works yard, beaming current service over an encrypted signal from City Hall
to the Avenal Landfill, repeating back to Public Works and the Animal Shelter, given
line of sight constraints. Spectrum service will be enabled at the Scout House on March
7th. Following up with RSUSD IT to confirm plans to repair our service line to the
Recreation Center.
Phone System: Another turnover on AT&T CALNET’s end slows our progress. The new
representative does note that we have 4 DSL lines currently in service alongside the original
lines we were looking to consolidate.
Emails: On hold until support reaches back out with a solution.
Server:
-Regular Security Maintenance
-Adjustments to policies to aid in staff workflow as needed.
-Experiments with Type 1 Hypervisors for further segregation of services on the temporary
server.
Clerk Software: Awaiting time to schedule training
Other:
Staff:
-Aids in outreach for the Human Resources Assistant, Building Inspector, and Finance
Manager positions, listing said positions on Indeed with stronger results than our typical means
of outreach.
-Assists Avenal PD in readying a workstation for their upcoming Community Service Officer,
upgrades another display arrangement for ergonomics for our Reserve Officer.
-Reorganized surplus HP All-in-One PCs to prepare for Public Surplus. Hard Drives will not
be included and will be held until The City has a proper means of data destruction.
-Reaches out to ADT to move
-Continues to work with KCAG to allow regular remote viewing and participation of their
monthly meetings
-Continues to maintain the city website and provide tech support across all facilities.
“Pistachio Capital of the World”
March 9, 2023 “Oasis in the Sun – Gateway to the Coast”
Pg. 25
March 9, 2023 Pg. 26
AGENDA ITEM NO. 9. B
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 9, 2023
RE: Consider Extending Local Emergency Declaration (Water)
INFORMATION:
On May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local
Emergency due to the existence or threatened existence of a local emergency: Severe Water
Shortage.
The declaration is required to be reviewed to consider the following action: 1) reaffirm
that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer
exists. By extending the emergency declaration, USBR and the community are reminded that the
City takes water conservation and the drought seriously and taking all possible measures to curb
water waste.
Staff is recommending the City Council consider the following action by motion:
Approve and support the ongoing local emergency Resolution, and specifically,
move to renew the emergency Resolution by sixty (60) days, unless a
Councilmember or member of the public request that the Council convene to
consider the ongoing emergency Resolution, at which time a special meeting would
be scheduled.
As of March, the Bureau announced that most South of the Delta water systems would receive
75% of its historic allocation. For Avenal that is roughly 1,860 ac. ft. of 2,480 historical. This is
540 short of the complete historical allocation, but Staff believes the City will need to request at
least 300 ac. ft. extra to meet this year’s needs. If this cold weather and rain continues, this will
certainly help stretch out the allocation.
Likewise, the Bureau announced the possibility of Section 215 Water, or “temporary water
supplies.” Staff requested more information on if the City would be eligible for this water source.
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
March 9, 2023 Pg. 27
3/6/23, 12:30 PM Section 215 Water (#574) - Westlands Water District
Section 215 Water (#574)
March 14, 2019
Section 215 Water
The Bureau of Reclamation announced the availability of Section 215 Water for South-
of-Delta water service contractors. It is uncertain how long this temporary supply will
be available because its availability depends on water demands, hydrologic conditions,
regulatory fisheries actions, and project operations. Section 215 refers to a section in
the Reclamation Reform Act of 1982 that defines temporary water supplies and
allows non-storable water to be applied to lands otherwise ineligible to receive federal
water. This water is available because San Luis Reservoir is full and Jones Pumping
Plant’s export capacity exceeds south of Delta service area demands.
The District plans to take delivery of Section 215 Water and substitute it for deliveries
made by water users until Section 215 Water is discontinued by Reclamation. This
decision could result in a credit to growers because Section 215 Water is less
expensive than Interim Contract water. The amount of the credit could range from
$20-$50 per acre-foot depending on the volume of Section 215 Water that is delivered
by the District.
In addition, the District lost 31,300 acre-feet due to the Bureau of Reclamation’s cap
on the amount of water that was allowed to be rescheduled into the 2019-20 Contract
Water Year (“Cap Loss”). The District also projects that without an increase in
demands between now and the drawdown of San Luis Reservoir, approximately
March 9, 2023
https://wwd.ca.gov/wwd-notice/section-215-water-574/ Pg. 28 1/2
3/6/23, 12:30 PM Section 215 Water (#574) - Westlands Water District
100,000 acre-feet could be lost due to the application of foregone pumping
(“Rescheduling Loss”). For reference, both losses will be applied to water user accounts
at the end of Rescheduling Period (San Luis Reservoir drawdown date), per the
District’s Article 2.10, Rescheduled Water (PDF).
Water users are encouraged to increase use of surface water and refrain from using
groundwater to reduce the risk of additional loss and enjoy the Section 215 Water
credit. If water users currently do not have water in their accounts, they should contact
the District about the potential of using Section 215 Water.
March 9, 2023
https://wwd.ca.gov/wwd-notice/section-215-water-574/ Pg. 29 2/2
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