City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” SPECIAL CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING JULY 25, 2024; 4:30 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. LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2024-33 (SA) LAST RESOLUTION: 2023-02 PFA LAST RESOLUTION: 2023-01 AGENDA 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE: 2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado. 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. Conference with Labor Negotiator(s) (Government Code § 54957.6). It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: City Employees Bargaining Units 1-5; City Manager. B. Conference with Real Property Negotiator(s) (Government Code § 54956.8). It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows: Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment. C. Pending Litigation (Government Code § 54956.9). Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). 1. Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal (Kings County Superior Court, Case No. 24CU0071) 4. NEW BUSINESS: A. Consider Ordinance 2024-01 and Resolution 2024-34: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules (Discussion/Action) B. Budget Workshop: Fiscal Year 2024/2025 Proposed Budget 5. 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. 6. ADJOURNMENT: 1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II]. 2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours. I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, July 23, 2024. __ /s/ Maria Ortiz Maria Ortiz, City Clerk  CIUDAD DE AVENAL "Capital Mundial® del Pistacho" REUNIÓN ESPECIAL DEL CONCEJO MUNICIPAL/AGENCIA SUCESORA/PFA EL 25 DE JULIO DE 2024; 4:30 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. ÚLTIMA ORDENANZA: 2022-0. ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2024-33 (SA) ÚLTIMA RESOLUCIÓN: 2023-02 ÚLTIMA RESOLUCIÓN DE PFA: 2023-01 AGENDA 1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD: 2. PASE NOMINAL: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde Interino Alejandro Ramírez; Alcalde Álvaro Preciado. 3. SESIÓN CERRADA: (Ciudad/Agencia Sucesora): Es la intención de este órgano rector reunirse en sesión cerrada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la Sesión Cerrada. A. Conferencia con el (los) negociador(es) laboral(es) (Código de Gobierno § 54957.6). Es la intención de este órgano rector reunirse en sesión cerrada para examinar su posición e instruir a sus representantes designados para: Representantes designados: Unidades de Negociación de Empleados de la Ciudad 1-5; Administrador de la Ciudad. B. Conferencia con el (los) Negociador(es) de Bienes Raíces (Código de Gobierno § 54956.8). Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes raíces con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera: Descripción de la propiedad: APN: 040-320-009-000; y 040-320-014-000 Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad. Parte con la que se negocia: Empresa CrisCom. Instrucciones al negociador relativas a: Condiciones de pago. C. Litigio pendiente (Código de Gobierno § 54956.9). Conferencia con asesor legal – LITIGIOS EXISTENTES (Código de Gobierno § 54956.9(d)(1)). 1. Partes, caso/reclamación n.º: Ross Family Properties, LLC, v. City of Avenal (Tribunal Superior del Condado de Kings, Caso n.º 24CU0071) 4. NUEVOS NEGOCIOS: A. Considerar la Ordenanza 2024-01 y la Resolución 2024-34: Imponiendo un Impuesto Especial sobre Vacantes; y Enmienda/Adopción de nuevos Anexos del Impuesto de Ocupación Transitoria (TOT) y del Impuesto de Licencia Comercial (Discusión/Acción) B. Taller de Presupuesto: Presupuesto Propuesto para el Año Fiscal 2024/2025 5. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES: Cualquier miembro del Consejo podrá solicitar que un tema se incluya en un orden del día futuro, siempre que una mayoría simple también apoye la adición de dicho tema. Queda terminantemente prohibida la discusión o acción sobre cualquier tema que no esté en el orden del día actual. Los comentarios finales están destinados a que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial e información pertinente. • Próximos y futuros puntos del orden del día a tener en cuenta. • Correspondencia/Anuncios/Información/Comentarios finales. 6. APLAZAMIENTO: 1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Teatro y Centro de Eventos Avenal, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Title II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Concejo/Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina de [Secretarios Municipales] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal. Certifico que esta Agenda del taller del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento, 919 Skyline Blvd.; 3) Madera Avenal, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 23 de julio de 2024. __ /s/ María Ortiz María Ortiz, Secretaria Municipal  AGENDA ITEM NO. 4.- A City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: July 25, 2024 RE: Consider Ordinance 2024-01 and Resolution 2024-34: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules BACKGROUND: The City of Avenal is proposing Ordinance 2024-01 and Resolution 2024-34, what Staff hopes will be collectively known as Measure B by the Elections Office, to be placed on the ballot for voter consideration in the upcoming general election on November 5, 2024. This measure aims to introduce a vacancy tax, adjust the transient occupancy tax (TOT), and create a progressive business license tax rate structure to foster sustainable growth and economic development in Avenal. Key Components of “Measure B” Vacancy Tax: A tax on unused or unoccupied commercial spaces and uninhabited residential properties within the city. The tax rates are structured to incentivize property utilization, with increasing rates for prolonged vacancies: • $250 per linear foot of frontage for spaces vacant for one year. • $500 per linear foot for two consecutive years. • $1,000 per linear foot for three or more consecutive years. This measure aims to address the issue of vacant properties that contribute to economic stagnation and blight. Transient Occupancy Tax (TOT): The TOT is proposed to be set at 15%, aligning with rates commonly found across the state, up from the current 6%. This adjustment is intended to increase city revenues from tourism and accommodation services if and when that category was to expand in the future. Progressive Business License Tax Rate Establishing a new rate structure that varies based on gross receipts: • Ranging from 0.05% to 0.475%, with the rate increasing with higher revenue levels. • Small businesses with revenues under $500,000 will pay lower rates, while businesses earning over $1 million will be subject to higher rates. This structure aims to support smaller businesses while ensuring that larger enterprises contribute equitably to city resources.  AGENDA ITEM NO. 4.- A City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Rationale and Benefits The proposed changes under Measure B are designed to support Avenal’s future growth and development. The ordinance seeks to ensure that the city's tax structure is modernized to reflect current economic realities, replacing outdated rates established in the 1980’s. By imposing a vacancy tax, the City aims to encourage the active use of properties, thereby stimulating economic activity and reducing urban blight. The progressive business license tax rate ensures that larger businesses contribute proportionately more, supporting infrastructure and services crucial for the city’s expansion and sustainability. Ballot Language The official ballot language for Measure B will read: "Shall Ordinance 2024-01 be adopted, (1) authorizing a vacancy tax on unused or unoccupied commercial spaces and uninhabited residences in the City of Avenal, up to $1,000 per linear foot of frontage, (2) setting transient occupancy tax at 15%, and (3) creating a progressive rate structure that would set business license tax rates from 0.05% to 0.475% of gross receipts, generating undetermined revenue, potentially up to $84,000 annually, until repealed?" CONCLUSION: Measure B represents a forward-looking initiative aimed at securing Avenal’s economic future by modernizing its tax policies. These changes are expected to have zero to minimal impact on the majority of residents, focusing primarily on absentee property owners and larger businesses, while supporting local small businesses. Voters are encouraged to consider the long-term benefits of these measures for the city’s growth and prosperity. ATTACHMENTS: Resolution 2024-34 Ordinance No. 2024-01 RECCOMENDATION: Staff recommends that Council adopt Resolution 2024-34, which calls for the submission of Ordinance 2024-01, (possible to be known as Measure B) to the voters of Avenal in the November 5, 2024, election. This resolution seeks to implement a vacancy tax on unoccupied properties, adjust the transient occupancy tax, and establish a progressive business license tax rate structure. Approval of these measures will promote the efficient use of commercial and residential properties, support local businesses, and provide necessary funding for city services and infrastructure, thereby ensuring Avenal’s sustainable growth and economic development.  BEFORE THE CITY COUNCIL OF THE CITY OF AVENAL IN THE MATTER OF: RESOLUTION 2024- 34__ Resolution Calling City Election for Voter Approval of Vacancy Tax and Adjustments to Transient Occupancy Tax Rate and Creating a Progressive Business License Tax Rate Structure; and Specifications of the Election Order. WHEREAS, approval of an excise tax on vacant or unoccupied commercial and residential spaces promotes the best use of real property and ensures that the City of Avenal (“City”) has more local funding for vital City services which cannot be taken by the State, ensuring our tax dollars are spent locally for the benefit of residents of the City; WHEREAS, when a City seeks voter approval of a new local excise tax, Article XIIIC § 2(b) of the California Constitution requires the election to be consolidated with the general municipal election for City Council members, except in cases in which a City Council has unanimously declared that there is a fiscal emergency; WHEREAS, commercial and residential vacancies occur when a property owners, landlords or other persons in control of such properties fail to actively market commercial land, storefronts or uninhabited residences to viable tenants and/or fail to offer the property at a reasonable rate; WHEREAS, prolonged vacancy of commercial and residential properties not only restricts or reduces the available supply of commercial land, buildings and housing, but can also decrease economic activity in the City, lead to blight and can increase the risk of structure fires when they become an attractive nuisance to unhoused individual; WHEREAS, at a public meeting held on July 25, 2024 the City Council considered calling a municipal election to submit to the voters for approval, a proposed commercial and residential vacancy tax as authorized by California Government Code § 37100.5; WHEREAS, the statutory deadline to authorize submittal of said commercial and residential vacancy tax measure to the County of Kings’s elections office is scheduled to expire on or about August 9, 2024 for the November 5, 2024 regular election date and the County’s administrative deadline for submittal of relevant documentation is on or about August 1, 2024; Page 1 of 6  WHEREAS, the new excise tax would be imposed upon the privilege of keeping specified commercial and residential spaces vacant, unoccupied or uninhabited. The tax rate would be: $250 per square foot of the frontage of such spaces to each public right-of- way, if the space was not vacant the prior tax year; $500 per linear foot the frontage of such spaces to each public right-of-way, if the space was kept vacant during two consecutive tax years; and $1,000 per linear foot of the frontage of such spaces to each public right-of-way in all other situations. If enacted, the new excise tax would become collectable under a future enacted ordinance prescribing procedures and rules for enforcement and collection of the new excise tax, which may include fines and penalties. Collection of all or any portion of the tax could be temporarily suspended by a unanimous vote of the City Council. The tax would require approval of at least a majority of voters voting on the measure and approval of this resolution by at least two-thirds vote of all members of the City Council; WHEREAS, based upon all of the information presented to the City Council as of the date of this resolution, both written and oral, including the staff reports, minutes and other relevant materials, the commercial and residential vacancy tax, transient occupancy tax and progressive business license tax rate structure do not constitute a project under CEQA Guidelines 15060(c)(2), 15061(b)(3) and 15378(b)(2) and (4) and therefore review under CEQA is not required; WHEREAS, the ordinance proposed to the voters would update and adjust the City’s transient occupancy tax (“TOT”) rate to 15% of the fees charged by hotels, inns, motels and similar accommodations, to make it comparable to those TOT rates commonly charged throughout the State; WHEREAS, the ordinance proposed to the voters would establish a progressive business tax rate structure, updating and adjusting the City’s business license tax rates to reflect current economic conditions, and allow for annual inflationary adjustments based on the specified consumer price index; and WHEREAS, on July 25, 2024, the City Council held a public meeting to consider placing a commercial and residential vacancy tax ordinance before the voters of the City of Avenal at an election to be held on November 5, 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 July 25, 2024, BY THE FOLLOWING VOTE: Page 2 of 6  AYES: NOES: ABSTAIN: ABSENT: ATTEST: María A. Ortiz, City Clerk ****************** NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL: FOUND the foregoing recitals to be true and ORDERED that an election be held within the City of Avenal on the 5th day of November, 2024, for the purpose of submitting to all voters within the City a ballot measure with the following specifications: 1. Pursuant to the California Constitution, Article XIIIC, § 2(b), Government Code § 53724 and Elections Code § 9222, the City Council of the City of Avenal hereby calls and orders an election at which it shall submit to the qualified voters of the City, a measure relating to the adoption of a commercial and residential vacancy tax. This measure shall be designated by an alphabetical letter by the Kings County elections official or other qualified official, and the City Manager or designee shall in writing request one or more alphabetical letter designations. 2. The ordinance imposing a commercial and residential vacancy tax to be approved and adopted by the voters is set forth in EXHIBIT A attached hereto and incorporated by this reference. The City Council hereby approves said ordinance, the form thereof, and its submission to the voters of the City at an election to be held on November 5, 2024, as required by State law, subject to the approval of a majority of the voters voting on the measure at the election called by the adoption of the instant resolution. The ordinance enacts a commercial and residential vacancy tax at the rate of: $250 per square foot of the frontage of such spaces to each public right-of-way, if the space was not vacant the prior tax year; $500 per linear foot the frontage of such spaces to each public right-of-way, if the space was kept vacant during two consecutive tax years; and $1,000 per linear foot of the frontage of such spaces to each public right-of-way in all other situations. 3. In accordance with Elections Code § 12111 and Government Code § 6061, the City Clerk is hereby authorized and directed to cause notice of the measure to be published once in a newspaper of general circulation, printed, published and/or Page 3 of 6  circulated in the City of Avenal and hereby designated for that purpose by the City Council of the City of Avenal. The City Clerk may enlist the assistance of the County of Kings elections office to prepare and publish the required notice. 4. Pursuant to the requirements of the laws of the State of California relating to cities within said State, the following proposed measure ballot label shall be added to the ballot for the November 5, 2024, election and thereby submitted to the voters of the City: Shall Ordinance 2024-01 be adopted, (1) authorizing a Yes  vacancy tax on unused or unoccupied commercial spaces and uninhabited residences in the City of Avenal, up to $1,000 per linear foot of frontage, (2) setting transient occupancy tax at 15%, and (3) creating a progressive rate structure that would set business license tax rates from No  .05% to .475% of gross receipts, generating undetermined revenue, potentially up to $84,000 annually, until repealed? 5. The full text of the ballot label appearing in the preceding section shall be printed in the sample and final ballots, but the full text of Ordinance No. 2024-01 shall not be printed in the sample and final ballots and voter information guide. In compliance with Elections Code § 9223, the City Clerk shall promptly print, certify and post in the Office of the City Clerk and on the City’s website, a copy of Ordinance No. 2024-01 and the ballot label appearing in the preceding section, and shall provide a copy of them to any City voter upon request and free of charge. 6. The official ballot to be used at said election shall conform to the laws of the State of California with relation thereto. 7. The City Council hereby requests and consents to the County of Kings elections official’s consolidation of this election with other elections, if any, which may be held in whole or in part of the territory of the City, as provided in Elections Code §§ 10400 et seq., on November 5, 2024, for the ease and convenience of the registered voters and to take advantage of any cost savings possible by such consolidation. 8. The City Clerk may enlist the assistance of the County of Kings elections official in regard to the said consolidated general municipal election, as the City Clerk deems reasonably necessary or convenient. 9. The City will reimburse the County of Kings for the actual cost incurred by the county elections official in conducting the municipal election upon receipt of an Page 4 of 6  invoice stating the amount due as determined by the elections official in accordance with all applicable laws. The City Manager is authorized to sign an appropriate written agreement between the City and the County of Kings for that purpose, following review and approval as to form by the City Attorney. 10. The election shall be held and conducted as provided by law for holding municipal elections. 11. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The City Clerk may enlist the assistance of the County of Kings elections office in regard to the same. 12. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the measure pursuant to Elections Code § 9280. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure, said analysis to be submitted by the City Attorney to the County of Kings elections office, or other appropriate office, for printing by the date set by the County of Kings elections official for the filing of arguments for and against the measure. The analysis shall not exceed five hundred (500) words in length and shall otherwise comply in all respects with the applicable provisions of the Elections Code. 13. In accordance with the provisions of the Elections Code §§ 9280 et seq., the Mayor or Mayor Pro Tempore or their designee from the City’s staff is authorized and directed to submit an argument in support of the measure and a response to any argument in opposition to the measure. 14. The City Clerk in conjunction with the County of Kings election official shall fix and determine a date for submission of arguments for or against said measure, and said date shall be posted in the Office of the City Clerk. 15. The election on the measure set forth in sections 2 and 4 of this resolution shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein. In all particulars not prescribed in this resolution, the election shall be held as prescribed in the Elections Code of the State of California, including but not limited to Elections Code § 10262(a) pursuant to Elections Code § 10101 to the extent applicable. The Board of Supervisors of the County of Kings or other appropriate county official is authorized to canvas the returns of that election with respect to the votes cast in the City of Avenal and certify the results to the City Council. At the next regular meeting of the City Council occurring after the returns of the election have been Page 5 of 6  canvassed and the certification of the results to the City Council, the City Council shall cause to be entered into its minutes a statement of the results of the election. 16. The City Manager or designee is hereby authorized and directed to expend the funds necessary and convenient to pay for the City’s cost of placing the measure on the election ballot. 17. The City Clerk is hereby ordered to certify the adoption of this resolution and to file copies hereof, so certified, with the Clerk of the Board of Supervisors of the County of Kings and with the elections official of the County of Kings, and to enter it into the book of original resolutions; and 18. Authorized the Mayor, City Manager, City Clerk and the respective city and county election officials 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, including the signing of any updated version of this resolution which is reasonably necessary to conform to the requirements of the County of Kings and applicable laws. ****************** CLERKS CERTIFICATE City of Avenal } County of Kings } State of California } I, Maria A. Ortiz, City Clerk of the City of Avenal, hereby certify that this is a full, true and correct copy of Resolution No. 2024-34 duly passed by the City Council of the City of Avenal at a regular meeting thereof held on the 25th day of July, 2024, by the vote as set forth therein. DATED: _______________ ATTEST: __________________________________ María A. Ortiz, City Clerk Page 6 of 6  EXHIBIT A ORDINANCE NO. 2024-_01_ AN ORDINANCE OF THE CITY OF AVENAL IMPOSING A VACANCY TAX ON UNUSED OR UNOCCUPIED COMMERCIAL SPACES AND UNINHABITED RESIDENTIAL PROPERTY THE PEOPLE of the City of Avenal do ordain as follows: By adopting Resolution No. 2024-_01_ by a vote of at least two-thirds vote of all members of the City Council, the City Council authorized placing this Ordinance before the voters of the City of Avenal at the November 5, 2024 general election. Section 1. PURPOSE. The provisions of this Ordinance are adopted to achieve the following purposes: A. To impose a tax upon the privilege of keeping vacant each taxable commercial and residential space within the City; B. To specify the type of tax and rate of tax to be levied and the method of collection; C. To comply with all requirements for imposition of a general tax, such tax to become operative only if submitted to the electorate and approved by a majority vote of the voters voting in an election on the issue; and D. The provisions of this Ordinance are necessary to stimulate the rehabilitation of long-term retail and other commercial and residential vacancies, and to thereby reinvigorate neighborhoods and commercial corridors, and stabilize commercial rents, allowing new businesses to open and existing businesses to thrive. Section 2. CODE ADOPTION. Chapter 5D of Title 3 of the Municipal Code of the City of Avenal is added to read in its entirety as follows: Chapter 5D – VACANCY TAX 5D-010. SHORT TITLE AND CODIFICATION. 5D-020. FINDINGS AND PURPOSE. 5D-030. DEFINITIONS. 5D-040. IMPOSITION OF TAX. 1 5D-050. EXEMPTIONS AND EXCLUSIONS. 5D-060. COLLECTION AND ADMINISTRATION. 5D-070. REVENUE MEASURE. 5D-080. SUSPENSION OF COLLECTION. 5D-090. AMENDMENT OF ORDINANCE. 5D-100. SEVERABILITY. 5D-110. SAVINGS CLAUSE. 5D-010. SHORT TITLE AND CODIFICATION. This Chapter shall be known as the “Vacancy Tax Ordinance,” and the tax it imposes shall be known as the “Vacancy Tax.” The City Clerk is authorized to codify this Chapter within Title 3 or any other Title of the municipal code of the City, and in so doing may re-label its numbering to be consistent with that utilized within such Title. 5D-020. FINDINGS AND PURPOSE. (a) City’s commercial districts prioritize street-level, customer-facing businesses as a means of stimulating a bustling, pedestrian-friendly urban environment. Retail and other commercial storefronts are the building blocks of neighborhood vitality, encouraging people to stroll through City’s streets, sidewalks, parks and other open spaces, and inviting them in. (b) City residents and visitors have an interest in preserving the vitality of commercial corridors in these districts. Vacant parcels and storefronts in otherwise vibrant commercial districts degrade the urban environment and reduce the quality of life in those neighborhoods, leading to blight and sometimes crime, particularly when storefronts and adjacent parcels remain empty or devoid of commercial activity for extended periods of time. Further, the resulting blight negatively impacts other small businesses in the area by discouraging foot traffic and eroding the character and uniqueness of the City’s diverse neighborhoods and communities. (c) Retail and other commercial vacancies may occur when property owners are performing tenant improvements for prospective tenants, while actively seeking a new commercial tenant, or following a disaster requiring wholescale rehabilitation of a structure. These temporary vacancies reflect a property owner’s desire to maintain the active retail and other commercial storefront environment of City’s commercial corridors and to continue contributing to the surrounding community. (d) But in other instances, retail and other commercial vacancies occur when 2 a property owner or landlord fails to actively market a vacant retail and other commercial storefront to viable commercial tenants and/or fails to offer the property at a reasonable rate. Retail and other commercial vacancies may persist as property owners and landlords hold storefronts off of the market for extended periods of time or refuse to offer the space for a reasonable market rate. (e) Prolonged vacancy of residential housing not only restricts the supply of available housing units, but can also decrease economic activity in neighborhoods and leads to blight. (f) A purpose of the Vacancy Tax is to stimulate the rehabilitation of long- term retail and other commercial and residential vacancies, and to thereby reinvigorate neighborhoods and commercial corridors, and stabilize commercial rents, allowing new businesses to open and existing businesses to thrive. 5D-030. DEFINITIONS. Except to the extent otherwise defined in ordinance, the terms used in this Chapter shall have the meanings given to them in Title 3 of the municipal code, as amended from time to time by the City Council. For purposes of this Chapter, the following definitions shall apply: a. (a) “Affiliate” means a person under common majority ownership or common control with any other person, whether that ownership or control is direct or indirect. An Affiliate includes but is not limited to a person that majority owns or controls any other person or a person that is majority owned or controlled by any other person. a. (b) “Building Permit Application Period” means the period following the date that an application for a building permit for repair, rehabilitation, or construction with respect to Taxable Commercial Space in a building or structure is filed with the City through the date the building official of the City grants or denies that application, but not to exceed one (1) year. Notwithstanding the preceding sentence, if more than one building permit application is filed by or on behalf of one or more persons in the Taxpayer’s Group for the same Taxable Commercial Space, the Building Permit Application Period shall mean only the applicable period following the date the first application is filed with the City by or on behalf of anyone in the Taxpayer’s Group. a. (c) “Conditional Use Application Period” means the 183- 3 day period following the date that a complete application for a conditional use permit for use of Taxable Commercial Space is filed with the City, except that if the Planning Commission does not grant or deny that application within 183 days, then the Conditional Use Application Period shall extend to and include December 31 of the same year in which the date 183rd day occurs. Notwithstanding the preceding sentence, if more than one complete conditional use permit application is filed by or on behalf of one or more persons in the Taxpayer’s Group for the same Taxable Commercial Space, the Conditional Use Application Period shall mean only the applicable period following the date when the first complete application is filed with the City by or on behalf of anyone in the Taxpayer’s Group. a. (d) “Construction Period” means the one-year period following the date when the City issues a building permit for repair, rehabilitation or construction with respect to Taxable Commercial Space in a building or structure, provided that if the City issues multiple building permits to or for the benefit of one or more persons in the Taxpayer’s Group for the same Taxable Commercial Space, the one-year Construction Period shall mean only the one-year period following the issuance of the first building permit to or for the benefit of anyone in the Taxpayer’s Group. a. (e) “Disaster Period” means the two-year period following the date that Taxable Commercial Space was severely damaged and made uninhabitable or unusable due to an unexpected fire, natural disaster or other catastrophic event. a. (f) “Frontage” means the number of linear feet of Taxable Commercial Space which is adjacent or tangent to a Public Right of Way, rounded up to the nearest foot. a. (g) “Public Right of Way” means each public alley, boulevard, court, lane, road, sidewalk, space, street, and way within the City, which are under the permitting jurisdiction of the City. a. (h) “Related Person” means a spouse or domestic partner, child, parent or sibling (these latter three relationships including biological, adoptive and “step” relationships; and the sibling relationship also including half-siblings). a. (i) “Residential Real Estate” means real property where the primary use of or right to use the property is for the purpose of dwelling, 4 sleeping or lodging, and such real property is owner-occupied as a primary or secondary residence, excluding each improvement thereon which is actively used as part of the business activity of accommodations. For purposes of this Chapter, “accommodations” includes hotels, motels, inns, bed-and-breakfast, hostels and other temporary dormitory facilities, and also single-family residences, multi-family residences, accessory dwelling unit, condominiums and residential apartment units which are not owner-occupied as a primary or secondary residence. a. (j) “Taxable Commercial Space” means the ground floor area of any building, structure or unimproved parcel, or the ground floor of any portion of a building, structure or unimproved parcel, where such floor area (1) is adjacent or tangent to a Public Right of Way, (2) is located within any commercial or residential zoning district, as those districts exist on November 5, 2024 in the operative zoning ordinance of the City, and irrespective of whether those zoning districts are expanded, narrowed, re- labeled/renamed, eliminated, or otherwise modified by ordinance of the City Council subsequent to that date, and (3) is not Residential Real Estate. a. (k) “Taxpayer’s Group” with respect to each Taxable Commercial Space, means the taxpayer, any current or former co-owner or co-tenant of the taxpayer, and any Related Person or Affiliate of the taxpayer or the taxpayer’s current or former co-owner or co-tenant. b. (l) “Tax Year” means the period from January 1 through December 31. a. (m) “Vacant” means unoccupied, or unused for any business activity licensed by the City or, in the case of residentially zoned real property, uninhabited, for more than one-hundred eighty-three (183) days, whether consecutive or nonconsecutive, in a tax year. Notwithstanding the previous sentence, a person shall not be considered to have kept a building or structure Vacant during a Building Permit Application Period, Construction Period, Disaster Period and/or Conditional Use Application Period when such period is applicable to that particular person for that particular Taxable Commercial Space. In determining whether a person has kept Vacant any Taxable Commercial Space, those days within a Building Permit Application Period, Construction Period, Disaster Period, and Conditional Use Application Period shall be disregarded when such period is applicable to that particular person for that particular Taxable Commercial Space. 5 5D-040. IMPOSITION OF TAX. (a) Except as otherwise provided in this Chapter, the City imposes an annual Vacancy Tax upon the privilege of keeping Vacant each Taxable Commercial Space within the City. (b) The Vacancy Tax in a tax year shall be as follows: (1) For the 2025 tax year, $250 per linear foot of Frontage. (2) For the 2026 tax year, $250 per linear foot of Frontage for Taxable Commercial Space which was not kept Vacant in the 2025 tax year, and $500 per linear foot of Frontage for Taxable Commercial Space which was kept Vacant in the 2025 tax year. (3) For the 2027 tax year and subsequent tax years: (A) $250 per linear foot of Frontage for Taxable Commercial Space which is kept Vacant by any person during the tax year, but was not kept Vacant during the prior tax year; (B) $500 per linear foot of Frontage for Taxable Commercial Space which is kept Vacant by any person during two consecutive tax years; and (C) $1,000 per linear foot of Frontage for Taxable Commercial Space which is kept Vacant by any person during the tax year, in all situations in which neither subsection (b)(3)(A) nor subsection (b)(3)(B) of this Section applies. (c) The Vacancy Tax shall be owed and payable by: (1) the owner or owners of the Taxable Commercial Space kept Vacant, provided that the Taxable Commercial Space is unleased; (2) the lessee or lessees, and not the owner, of the Taxable Commercial Space kept Vacant, when that Taxable Commercial Space is leased but not subleased; and 6  (3) the sublessee or sublessees, and not the owner or sublessor, of the Taxable Commercial Space kept Vacant, if that Taxable Commercial Space is subleased. Not more than one tax shall be imposed under this Section by reason of multiple liable owners, lessees, or sublessees. If there are multiple liable owners, lessees, or sublessees, each such person shall be jointly and severally liable for the Vacancy Tax. (d) A person shall be liable for the Vacancy Tax only if that person has kept Vacant any Taxable Commercial Space during a tax year. A person shall be deemed to have kept Vacant a Taxable Commercial Space during a tax year if that person and all Related Persons and Affiliates of that person, individually or collectively, have kept that Taxable Commercial Space Vacant for more than 183 days in that tax year. (e) On January 1 of each year succeeding the first full year of the effective date of this Chapter, the amount of the Vacancy Tax shall be increased by the most recent change in the annual average of the Consumer Price Index (“CPI”) for all urban consumers in the San Francisco-Oakland-San Jose areas, as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this subsection shall be made. 5D-050. EXEMPTIONS AND EXCLUSIONS. (a) For only so long as, and only to the extent that, the City is prohibited from imposing the Vacancy Tax, any person upon whom the City is prohibited under the Constitution or laws of the State of California or the Constitution or laws of the United States from imposing the Vacancy Tax shall be exempt from the Vacancy Tax. (b) Any individual who has within the past eighteen (18) months became disabled to the degree that they qualify for federal or State disability income, shall be exempt from the Vacancy Tax. (c) The City shall be exempt from the Vacancy Tax. (d) The City Council may exempt from the Vacancy Tax any person or class of persons by duly enacted ordinance. 7 5D-060. COLLECTION AND ADMINISTRATION. The Vacancy Tax may be collected in the same manner as the City’s business license tax except that the City Council is hereby authorized by the voters to enact any of the following additional ordinances, without submitting them to the voters for approval: (a) An ordinance prescribing procedures and rules for processing Vacancy Tax returns and appeals; (b) An ordinance prescribing procedures and rules for enforcement and collection of the Vacancy Tax, which may include interest, fines and penalties; (c) An ordinance which defines any word or phrase within this Vacancy Tax Ordinance which may otherwise be unclear, ambiguous or vague; and (d) An ordinance exempting any person or class of persons from the Vacancy Tax. 5D-070. REVENUE MEASURE. This Chapter is enacted solely to raise revenue for general municipal purposes, and is not intended for regulation. 5D-080. SUSPENSION OF COLLECTION. The City Council shall have authority to temporarily suspend collection of all or a portion of the tax imposed by this Chapter, by resolution unanimously approved by all five (5) members of the entire City Council. A majority of the City Council may at any time also repeal or supersede such resolution. However, the authority to levy the Vacancy Tax imposed by this Chapter shall not expire or otherwise terminate, unless terminated by a duly enacted ordinance which is approved at a regular meeting of, and by unanimous vote of all five (5) of the seats comprising the entire City Council. 5D-090. AMENDMENT OF ORDINANCE. (a) The following amendments to this Chapter must be approved by the voters of the City: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax upon activity of a nature not previously subject to the tax; or extending the effective date of this Chapter. Otherwise, the City Council is hereby authorized to and may amend this Chapter, by affirmative vote of not less than four (4) members of the City Council, without submitting the amendment to the voters for approval, provided that such ordinance amendment does not increase or decrease the tax rate approved by the voters. The People of the City of Avenal affirm that each and all of the following 8 actions shall not constitute an increase of the rate of a tax: (1) The restoration of the rate of the tax to a rate which is no higher than the maximum allowed by this Chapter, if the City Council has acted to suspend or reduce the rate of the tax; (2) An action which interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the text of this Chapter; (3) The collection of the tax imposed by this Chapter, even if the City had, for some period of time, failed to collect the tax; or (4) The establishment of a class of persons which are exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Chapter). 5D-100. SEVERABILITY. (a) Except as provided in subsection (b), if any section, subsection, sentence, clause, phrase, portion or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The People of the of City hereby declare that, except as provided in subsection (b), they would have adopted this Chapter and each and every section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (b) If the imposition of the Vacancy Tax in Section 5D-040 is held in its entirety to be facially invalid or unconstitutional in a final court determination which cannot be appealed, the remainder of this Chapter shall be void and of no force and effect, and it shall be deemed immediately repealed and removed from the municipal code. 5D-110. SAVINGS CLAUSE. No section, clause, part or provision of this Chapter shall be construed as requiring the payment of any tax which would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California. 9  Section 3. CODE AMENDMENT. Section 3-6.03 of the Municipal Code of the City of Avenal is amended to read in its entirety as follows: For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of fifteen (15) percent of the rent charged by the operator. Such tax shall constitute a debt owed by the transient to the City, which debt shall be extinguished only by payment to the operator of the hotel or to the City. The transient shall pay the tax to the operator at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. Section 4. CODE ADOPTION. The following sections are hereby added into Chapter 6 of Title 3 of the Municipal Code of the City of Avenal and read in their entirety as follows: 3-6.18 ADMINISTRATION. The City Council is hereby authorized by the voters to enact any of the following additional ordinances, without submitting them to the voters for approval: (a) An ordinance prescribing procedures and rules for processing tax returns and appeals; (b) An ordinance prescribing procedures and rules for enforcement and collection of the tax under this Chapter, which may include fines and penalties; (c) An ordinance which defines any word or phrase within this Chapter which may otherwise be unclear, ambiguous or vague; and (d) An ordinance exempting any person or class of persons from the tax imposed by this Chapter. 3-6.19 SUSPENSION OF COLLECTION. The City Council shall have authority to temporarily suspend collection of all or a portion of the tax imposed by this Chapter, by resolution unanimously approved by all five (5) members of the entire City Council. A majority of the City Council may at any time also repeal or supersede such resolution. However, the authority to levy the tax imposed by this Chapter shall not expire or otherwise terminate, unless terminated by a duly enacted ordinance 10 which is approved at a regular meeting of, and by unanimous vote of all five (5) of the seats comprising the entire City Council. 3-6.20 AMENDMENT OF ORDINANCE. (a) The following amendments to this Chapter must be approved by the voters of the City: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax upon activity of a nature not previously subject to the tax; or extending the effective date of this Chapter. Otherwise, the City Council is hereby authorized to and may amend this Chapter, by affirmative vote of not less than four (4) members of the City Council, without submitting the amendment to the voters for approval, provided that such ordinance amendment does not increase or decrease the tax rate approved by the voters. The People of the City of Avenal affirm that each and all of the following actions shall not constitute an increase of the rate of a tax: (1) The restoration of the rate of the tax to a rate which is no higher than the maximum allowed by this Chapter, if the City Council has acted to suspend or reduce the rate of the tax; (2) An action which interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the text of this Chapter; (3) The collection of the tax imposed by this Chapter, even if the City had, for some period of time, failed to collect the tax; or (4) The establishment of a class of persons which are exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Chapter). 3-6.21 SEVERABILITY. (a) Except as provided in subsection (b), if any section, subsection, sentence, clause, phrase, portion or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The People of the of City hereby declare that, except as provided in subsection (b), they would have adopted this Chapter and each and every section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. 11  (b) If the imposition of the tax in Section 3-6.03 is held in its entirety to be facially invalid or unconstitutional in a final court determination which cannot be appealed, the remainder of this Chapter shall be void and of no force and effect, and it shall be deemed immediately repealed and removed from the municipal code. 3-6.22 SAVINGS CLAUSE. No section, clause, part or provision of this Chapter shall be construed as requiring the payment of any tax which would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California. Section 5. CODE AMENDMENT. Section 3-1.22 of the Avenal Municipal Code is hereby amended to read in its entirety as follows: 3-1.22 LICENSE TAXES (a) Licensed tax: Fixed place of business. Every person engaged at a fixed place of business in the City of Avenal in any trade, calling, occupation, vocation, profession or other means of livelihood, as an independent contractor and not as an employee of another, and not specifically licensed by other provisions of this Chapter, shall pay an annual license tax based upon the annual gross receipts of the year proceeding the tax year. Such tax shall be in the amount(s) provided in subsections (e) and (f) below. (b) Licensed tax: No fixed place of business. Every person engaged at other than a fixed place of business in the City of Avenal in any trade, calling, occupation, vocation, profession or other means of livelihood, as an independent contractor and not as an employee of another, and not specifically licensed by other provisions of this chapter, shall pay an annual license tax. Said tax shall be in the amount(s) provided in subsections (e) and (f) below. (c) License tax: Flat amount. Every person commencing, transacting and carrying on any business herein enumerated shall pay a license tax. Said tax shall be in the amount(s) provided in subsections (e) and (f) below. (d) Coin machine: Outside owner. Every person commencing, transacting and carrying on at other than a fixed place of business in the City of Avenal the business of lending, renting, leasing, or otherwise distributing any coin operated machine while retaining title thereto, shall pay semi-annual license tax for each machine. Said tax shall be in the amount(s) provided in subsections (e) and (f) below. (e) Schedule of Taxes: The taxes due and levied under this Chapter shall 12 be in the amounts specified as follows, which shall be subject to adjustments under subsection (f): 1. FIXED BUSINESS LICENSES: 13  2. NON-FIXED BUSINESS LICENSES Non-Fixed Business Licenses Business Description Business License Fee Non-Fixed Place of Business $ 170.00 Auto for Hire $ 55.00 per vehicle (Semi-Annually) Bail Bond Broker $ 105.00 Bingo Games $ 55.00 (Non-Profit) Card Room License $ 90.00 up to 2 tables (Quarterly) Card Table $ 45.00 per additional table Carnivals $ 325.00 Plus concessions fees Circus $ 325.00 Plus concessions fees Concession $ 25.00 Every Concession stand Flea Markets $ 110.00 Fortune Tellers $ 110.00 Junk Dealers $ 325.00 Newspaper $ 55.00 Pawnbrokers $ 110.00 Photo $ 110.00 Public Dance $ 25.00 Exempt Status $10.00 Contractors $100.00 for first $100,000 in gross receipts and $1.00 for every $1,000 thereafter. (f) On January 1 of each year following the effective date of this ordinance, the business license tax rates for all business categories, including both fixed and non-fixed locations, shall be adjusted for inflation based on the most recent change in the annual average of the Consumer Price Index (CPI) for All Urban Consumers for All Items in the San Francisco-Oakland-San Jose areas, as published by the United States Bureau of Labor Statistics. However, no CPI adjustment shall result in a decrease of any tax imposed under this section. 14  Section 6. CODE ADOPTION. The following sections are hereby added into Article 1 of Chapter 1 of Title 3 of the Municipal Code of the City of Avenal and read in their entirety as follows: 3-1.25 ADMINISTRATION. The City Council is hereby authorized by the voters to enact any of the following additional ordinances, without submitting them to the voters for approval: (a) An ordinance prescribing procedures and rules for processing tax returns and appeals; (b) An ordinance prescribing procedures and rules for enforcement and collection of the tax under this Chapter, which may include fines and penalties; (c) An ordinance which defines any word or phrase within this Chapter which may otherwise be unclear, ambiguous or vague; and (d) An ordinance exempting any person or class of persons from the tax imposed by this Chapter. 3-1.30 SUSPENSION OF COLLECTION. The City Council shall have authority to temporarily suspend collection of all or a portion of the tax imposed by this Chapter, by resolution unanimously approved by all five (5) members of the entire City Council. A majority of the City Council may at any time also repeal or supersede such resolution. However, the authority to levy the tax imposed by this Chapter shall not expire or otherwise terminate, unless terminated by a duly enacted ordinance which is approved at a regular meeting of, and by unanimous vote of all five (5) of the seats comprising the entire City Council. 3-1.35 AMENDMENT OF ORDINANCE. (a) The following amendments to this Chapter must be approved by the voters of the City: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax upon activity of a nature not previously subject to the tax; or extending the effective date of this Chapter. Otherwise, the City Council is hereby authorized to and may amend this Chapter, by affirmative vote of not less than four (4) members of the City Council, without submitting the amendment to the voters for approval, provided that such ordinance amendment does not increase or decrease the tax rate approved by the voters. The People of the City of Avenal affirm that each and all of the following actions shall not constitute an increase of the rate of a tax: 15  (1) The restoration of the rate of the tax to a rate which is no higher than the maximum allowed by this Chapter, if the City Council has acted to suspend or reduce the rate of the tax; (2) An action which interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the text of this Chapter; (3) The collection of the tax imposed by this Chapter, even if the City had, for some period of time, failed to collect the tax; or (4) The establishment of a class of persons which are exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Chapter). 3-1.40 SEVERABILITY. (a) Except as provided in subsection (b), if any section, subsection, sentence, clause, phrase, portion or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The People of the of City hereby declare that, except as provided in subsection (b), they would have adopted this Chapter and each and every section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (b) If the imposition of the tax in Section 3-6.03 is held in its entirety to be facially invalid or unconstitutional in a final court determination which cannot be appealed, the remainder of this Chapter shall be void and of no force and effect, and it shall be deemed immediately repealed and removed from the municipal code. 3-1.45 SAVINGS CLAUSE. No section, clause, part or provision of this Chapter shall be construed as requiring the payment of any tax which would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California. Section 7. CEQA REVIEW. The City Council hereby finds that this Ordinance is 16 not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15060(c)(2), 15061(b)(3) and 15378(b)(2) and (4). The City Manager (or designee) is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062]. Section 8. NO LIABILITY. The provisions of this Ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to Person or property upon the City of Avenal, or any official, employee or agent thereof. Section 9. PENDING ACTIONS. Nothing in this Ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or Ordinance or code repealed by this Ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. Section 10. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The People and City Council of the City of Avenal hereby declare that each would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 11. CONSTRUCTION. The People and the City Council intend this Ordinance to supplement, not to duplicate or contradict, applicable State and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Avenal Municipal Code as amended by this Ordinance, if any, are substantially the same as provisions in the Avenal Municipal Code existing prior to the effectiveness of this Ordinance, then those amended provisions shall be construed as continuations of the earlier 17 provisions and not as new enactments. Section 12. EFFECTIVE DATE. Pursuant to Elections Code § 9217, this Ordinance shall be deemed adopted on the date when the final vote is declared by the City Council and this Ordinance shall go into effect ten (10) days after that date, contingent upon approval by a majority of the voters voting on the measure in the November 5, 2024 election. Section 13. CERTIFICATION; PUBLICATION. Upon approval by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law. THE FOREGOING ORDINANCE was approved by the City Council of the City of Avenal, State of California, on _July 24, 2024_at a meeting of said Council duly and regularly convened on said day by the following vote: AYES: NOES: ABSTAIN: ABSENT: Alvaro Preciado, Mayor ATTEST: María A. Ortiz, City Clerk 18