City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY MEETING THURSDAY, JUNE 25, 2020; 5:15 P.M. AVENAL THEATER & EVENT CENTER / 233 E. KINGS STREET, AVENAL, CA 93204 (Due to gathering limits and social distancing requirements, the City Council and limited City Staff will attend at this location.) Public Participation: VIA ZOOM VIDEO/WEB CONFERENCING: (PLEASE DOWNLOAD THE ZOOM APPLICATION TO YOUR COMPUTER OR SMART DEVICE) Web Link: bit.ly/AvenalCouncil Meeting ID to Join: 126 696 761 Or call +1 669 900 6833 MINUTES CALL TO ORDER: at 5:15 p.m. PLEDGE OF ALLEGIANCE: Led by Mayor Ovalle ROLL CALL: Councilman Hernandez, Councilman Ramirez, Mayor Pro Tem Woolley, Mayor Ovalle. Councilman Preciado joined the meeting at 5:17 p.m. ABSENT: None. STAFF: Whitten, Ortiz, Perkins, Santillan, Davis, Bermudez, Stivers, LaBlue. LEGAL COUNSEL: Michael Schulte. CITY CLERK: Government Code Section 54952.3: The members of the City Council and 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 the Successor Agency. The City Council went into Closed Session at 5:17 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: A. CONSIDER WITH LABOR NEGOTIATORS (Government Code§ 54957.6). It is the intention of this governing body to meet in Closed Session to review its position and instruct it designated representatives. Agency Designated Representative: City Manager and City Attorney Employee Organization: City Employee Bargaining Units/APOA Mayor Ovalle reopened meeting at 6:39 p.m. with no action to report. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Consider City of Avenal/Successor Agency's Approval of Minutes for June 11, 2020: B. Consider Financial Statement & Warrants for May: A motion was made to approve minutes as written by Mayor Pro Tem /Successor Agency Member Woolley seconded by Councilman/Successor Agency Hernandez and carried. Roll Call Vote: AYES: Woolley, Hernandez, Ramirez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. COVID-19 Pandemic- Discussion Regarding Wearing Masks, Social Distancing, Businesses and Number of Customers Allowed in Stores at the Same time; and, Other Related Issues: Melissa Whitten, City Manager, reported that concern regarding not wearing masks, social distancing business, several customers allowed in stores at the same time, and other related issue. She commends Staff for a great job getting the information out working through the EOC center and their departments. They provided information to the community knows what state were in and what's expected from the community and businesses. There still a concern with a few businesses that seems to not be requiring masks and too many people in one area with no mask on. She thinks it’s time to discuss what Staff has done so far. Tony and Lupe have put together a memo for Council. They have contacted businesses in the community and provided flyers and distributing hand sanitizer. Also, Staff submitted a Memo detailing timeline and guidance on face covering. Mayor Ovalle mentioned that on June 16th Councilman Hernandez arranged a meeting regarding masks. At the meeting Staff, Chief Stivers and community members agreed that the city would take hand sanitizers and to go talk to the business owners. Also, encourage people to wear facemasks and Lupe and Tony were assigned to do that. Lupe Chavez, Code Enforcement Officer reported that they delivered the hand sanitizers which are one-gallon hand sanitizer, but each business received two gallons of hand sanitizer. They reminded everybody, to try to encourage the use of masks. We did have two business that will not enforce mask. He got the same respond from most other stores. Good example is T&T Market they tried to require people who come in and say, “Hey, you got to wear a mask.” The customer simply said,” we will take our business somewhere else because over there don't require it”. You know, so this is kind of hard for them to turn away business. The one that was successful was Family Dollar. Councilman Preciado made a motion to do an emergency ordinance to require all businesses to require people entering business to wear a mask and Staff to educate our community, seconded by Councilman Hernandez. Michael Schulte, City Attorney suggested by motion: 1) Direct Staff to require all businesses to offer face mask to any client not wearing a face covering; 2) Staff to educate the city businesses and public on the guidelines on ordinance and requirements that the city is intending on putting in place regarding face mask; and, 3) to bring back a full ordinance on this issue to the next city council meeting. After a lengthy discussion, Councilman Hernandez withdrew his motion and motion dies lack of a second. A motion was made by Mayor Pro Tem Woolley as follows: 1) Direct Staff to require all businesses to offer face mask to any client not wearing a face covering; 2) Staff to educate the city businesses and public on the guidelines on ordinance and requirements that the city is intending on putting in place regarding face mask; and, 3) to bring back a full ordinance on this issue to the next city council meeting. B. Consider Request to Install Stop Sign at East Kern and 4th Street: Ms. Whitten stated that Staff received a letter from Jose Magdaleno requesting stop sign on Kern and 4th due to cars speeding and . Chief Stivers mentioned that will install traffic trailer and contact Mr. Magdaleno to resolve concern. Also, evaluating other areas of concern. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Maria Ortiz, City Clerk read email form Miguel Fausto and its part of the record: Dear avenal council This is my public comment for the meeting tonight. I would like to ask the mayor why is the avenal police not wearing masks when out in public or enforcing mask wearing by the people. I see to many facebook posts of the police with other people and nobody is wearing masks. I go to the store like amigoo market and nobody is wearing masks or telling people to wear masks. Why are there signs all over town is nobody is going to listen? Even city workers around town do not wear masks. Are you telling us not to wear masks then? Police are wasting time on facebook not doing anything and the city facebooks don’t say anything about wearing masks either. Nobody does their job. Please educate the people to wear masks to protect me and you. Please have police do their job and enforce wearing masks. I have an illness and do not want to catch covid19. I know many people who are upset that nobody does anything. I would be happy to meet with you mr mayor to explain more. I have pictures showing how the police are not doing their job. Everyone needs to help and get everyone to wear masks. Miguel Fausto Veronica Aguirre stated the following: 1) She commend Anthony for all the efforts made to get masks out to the public; 2) using social media and zoom not all community members know how to use it. Also, after seeing the meeting that was held with Pablo and Lupe, they had the way and they did with social distancing and everything. she really thinks that maybe that should be something that you as Council should consider having that as an option, so people can attend in person and due a survey for response; and, 3) There's still a lot of topics that the community has brought before your attention and she has yet to see any of this on the agenda, nothing has ever been brought up, it's like it's kind of been swept under the rug and it's it's that big. The Landfill that people are concerned, there worried about breathing issues, other element to breathing problems and issue brought to before the community. She really hopes that Council start maybe addressing these issues, putting them on the agenda, or at least talking about them.Thank you. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director. Fernando Santillan, Community/Economic Development Director reported the following2) Community Center construction; 3) COVID-19 related activities, 4) Emergency Business Loan Program help 17 local businesses with loans up to $3,000; 5) work continues with Highlands Diversified, LLC on their 120-lot residential subdivision; 6) Staff welcomes activity received an application for a new commercial development at Highway 33 and Third Ave, as well as plans for a new Amigo Market Store at the site of the old beverage hut, and a new potential apartment complex at 7the Ave and Mendocino; 7) Avenal Community Health Center (ARIA) clinic expansion project continues; 8) Staff has issued an RFQ for engineering/design work on our SR 269 crosswalks project funded by ATP funds. The deadline for firms to submit qualifications is June 30; 9) Staff will be applying for a $65,000 grant to continue our permit streamlining process which should help us move even more quickly in processing development projects. This is in addition to the $160,000 awarded to the City from the SB 2 grant; 10) Because of the COVID-19 outbreak, Census efforts have been severely curtailed, prompting the Federal government to extend the outreach period by 4 months; 11) Water Transmission Project continues; 12) Staff has started implementation of the Prop. 68 State Parks Program grant for a new pocket park. A park design RFQ will be issued in the next two to three weeks; and, 12) Staff has been working with Angie Dow from KCAPTA regarding potential opportunities for alternative transportation options in Avenal, which we are currently exploring. KCAPTA is in the process of developing their 5-year Transportation Development Plan and we are hoping to address some of the unmet transit needs of Avenal residents. 2) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police; Rusty Stivers, Chief of Police report the following: 1) Avenal PD discovered a gunshot victim at the Hillcrest Travel Plaza; 2) Officer Stryd and K9 Gunnar with help of APD Investigator Garcia and the Major Crimes Task Force, officers located a pound of methamphetamine; 2) Avenal experienced our first homicide in two years during the month of May; 3) Officers were dispatched to Highway 33 near the Avenal State Prison regarding an individual who was walking into oncoming traffic. The suspect was eventually arrested for being under the influence of a controlled substance and resisting arrest; 5) Officers conducted a few child molestation investigations; 6) Several DUI arrests; 7) Several domestic violence related incidents: and, 8) Community Activities: Avenal Police Officers have been participating in drive by birthday parades and when requested will continue to do so. Also, participated in the Avenal High School graduation event. A. Special Presentations/Reports: 1. None. PUBLIC HEARING(s): Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority: A. Consider Proposed City of Avenal Fiscal Year (FY) 2020/2021 City Budget /Fees & Charges:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution (including Fees & Charges)  Note: Funding Requests included in FY 2020/2021 B. Consider City of Avenal Fiscal Year (FY) 2020/2021 City Budget /Fees & Charges:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution. C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2020/2021 City Budget:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution. Ms. Whitten reported that Staff has provided the City Council with the most updated budget. There were changes made as recently as this morning to the General Fund, but again, she has provided the latest edition and the budget is available to the community upon request will be happy to provide them with a copy, please contact Angie Ortiz, City Clerk at City Hall and she will work with Dawn Perkins to provide a copy. She would like to state that this proposed budget that is before the City Council our revenue estimated for fiscal year 2021. All funds $22,420,518 and expenditures are $21,542,693. Currently all department and funds are balanced. There are no funds in the red know with any type of negative balance. It has been a challenge because, dealing with a crisis and still bouncing back from revenues that we lost in early 2011 and 2012 . The city has done is just based on the economics in town or oil fields landfill revenue and the dissolution of our RDA that in itself is 1.3 million. So, we are still suffering from but, the city is stable. she thanked the city council and to city staff. She continued that the one other area which has to do with the question to the General Fund. The revenues regarding the 20% set aside to help our community pay for their refuse bill it increased or there is a surplus in our revenue. She believes it's the result of the double expenditures showing within our General Fund. It is probably is a credit that will be due back to the General Fund. She wanted to point that out and that is on Page 91. Staff pays contract or refuse to MidValley Disposal. So, we will address that. Now that we've identified. Mayor opened Public Hearing at 8:12 p.m. Un identified caller 559-469-3184 was concerned that why a letter her letter submitted by Chris Mendoza was read for the budget. Staff mentioned that it was not received. Michael Schulte, Attorney stated that under public comment you do need the name and the address of the individuals, they don't have to be a citizen of the city of Avenal, but they do need to give you their name and address whether they're by phone or zoom or in attendance and as far as letters go you if you've provided the letter in the public packet you don't need to read it. Staff mentioned that if letter is provided it will be entered into the record. Also, come to find out it was circulated to Council because the letter was from HEAL not Chris Mendoza. Exhibit A June 4, 2020  Dear City of Avenal City Council We are writing to bring to your attention the dire need for an extensive budget review. Members from the Community of Avenal have brought to the attention of the Avenal City Council, staff and Legal team the lack of transparency shared with the community. We have been told that the city relies on the monies received from the Landfill and have continued t o lack o n providing accurate transparency. Members o f the community started t o conduct their own research. Based off some of the findings the monies are going to cover payroll cost. Some examples are over staffing, high increases in salary, excessive overtime, and transportation cost for employees who do not live in our community. Who is approving these increases in pay and extra benefits? Why does the community have to pay for someone to come to work? Why is the community paying for car maintenance? If much of this was considered the health of the members of this community would not be wagered in order to keep the operation going. It is decisions such as these that are a direct reflection on your leadership. The fear of the City of Avenal going bankrupt without the landfill has be instilled in the minds of the community and that statement is dishonest. What is going to bankrupt the city is the continuous misuse and mismanagement of the funds due to payroll costs. Please take this in consideration as you review the budget. Remember you are vote on the approval of bad decisions can continue to have a serious impact to the lives of this community. We as a community look up to our Leaders to make decisions that are in the best interest for the community. The Leaders who have been in office and allowed this mismanagement and unaccountability have not had the communities interest in mind. We believe that a reorganization of the leadership should also be considered in this process. Stronger leadership with no fear of staff is what needs to be in the Chairs of both Mayor & Mayor Pro-tern. If as a council, you are unable to make such changes, the community will have no other choice but to request a Recall of both Mayor and Mayor Pro-tern. Please consider the reorganization rather than a recall. We do not want to cause any more financial burdens on the community. Respectfully Yours, HEAL Healthy Environment for Avenal Lives Mayor Closed Public Hearing at 8:19 p.m. After a brief, discussion the following action was taken. RESOLUTION NO. 2020-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2020-2021 OPERATING BUDGET IN ORDER TO MEET PAYROLL AND OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2020-2021 CITY BUDGET IS ADOPTED. A motion made by Councilman Hernandez, seconded by Mayor Pro Tem Woolley and carried. PFA RESOLUTION NO. 2020-01: RESOLUTION OF THE AVENAL PUBLIC FINANCING AUTHORITY OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2020-2021 OPERATING BUDGET IN ORDER TO MEET OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2020- 2021 PUBLIC FINANCING AUTHORITY (PFA) BUDGET IS ADOPTED. A motion made by Councilman Hernandez, seconded by Mayor Pro Tem Woolley and carried. SUCCESSOR AGENCY RESOLUTION NO. 2020-01: A RESOLUTION OF THE AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2020- 2021 OPERATING BUDGET IN ORDER TO MEET OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2020- 2021 AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND BUDGET IS ADOPTED. A motion made by Councilman Hernandez, seconded by Mayor Pro Tem Woolley and carried. Roll Call Vote: AYES: Hernandez, Woolley, Ramirez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. D. Consider Zoning Ordinance to consider changes to the Avenal Zoning Ordinance Proposed Changes to Avenal Zoning Ordinance. (9.79.01, 979.02, 9.79.10)  Staff Report  Public Hearing   Discussion/Action: Approval by Resolution Mr. Santillan reported that over the last year, Community Development and Code Enforcement staff have been working with the City Attorney's office to develop changes to the Zoning Ordinance to strengthen rules regarding RV/Trailer/Truck parking on residential streets. The Avenal Planning Commission considered Staff's recommendations on May 4 and voted to recommend to the City Council adoption of the proposed changes and corresponding budgetary appropriations (Exhibit A). The Community Development Department and City Attorney's Office suggested amending the City's parking policies as outlined in Chapter 9.79: Property Maintenance, Code Enforcement and Abatement Procedures of the Avenal Zoning Ordinance. These changes, detailed below, will prohibit the parking of trailers and RVs for over 72 hours by detailing specific actions such as: • Authorizing the issuance of a written warning to park for up to 72 hours, allowing for parking within 1,000 feet of the original parking site where the warning was issued. • After the 72 hours, the vehicle would not be allowed to park at the original parking site or within 1,000 feet of the original parking site, for up to 168 hours (seven days). • If the vehicle is found in violation of the 168-hour rule, an authorized person (APO officer or Code Enforcement Officer) may issue a citation and/or have the vehicle towed. The fines for these violations shall be established by resolution of the Avenal City Council. In addition to amending the Zoning Ordinance, signs would be posted at every roadway entrance into Avenal explaining the 72- hour and 168-hour rules, which are required to enforce the ordinance. The Planning Commission also recommended that the City Council allocate $10,000 for the installation of the signs. This has already been incorporated into the Community Development Department's proposed budget for Fiscal Year 2020/2021 and is pending the Council's adoption of the overall City budget. Furthermore, a new parking violation tag would be introduced that specifically references the ordinance and 72- hour rule (Exhibit B). Fines for the amended ordinance would be established by resolution of the Avenal City Council. Currently, for abatement procedures the Code Enforcement Department utilizes the City's administrative fee schedule which starts at $50 and increases at a rate of $50 per additional violation (i.e. $50, $100, $150 ). Amending the zoning ordinance is an opportunity to establish a fee schedule specifically concerning illegally parked vehicles and creating fines that will help ensure enforcement is followed. However, if the City Council feels that the administrative fees are adequate, no changes to the fee schedule are necessary. The Planning Commission did not make a recommendation in this regard. Lastly, Exhibit C is a sample parking flyer that Code Enforcement officers would share when issuing warnings to violators. It would also be issued to the general public informing them of the new ordinance. Staff recommends that the City Council: 1) Open the public hearing to accept comments on the City's proposed changes to the Avenal Zoning Ordinance, Chapter 9.79; and, 2) by motion, introduce the proposed changes to the Avenal Zoning Ordinance and waive the first reading. Mayor Ovalle opened public hearing at 8:27 p.m. and closed at 8:29 p.m. with no public comments. A motion was made by Councilman Hernandez to introduce the proposed changes to the Avenal Zoning Ordinance and waive the first reading, seconded by Mayor Pro Tem Woolley and carried. ORDINANCE NO. 2020-04:AN ORDINANCE OF THE AVENAL CITY COUNCIL AMENDING TITLE 9, CHAPTER 9-79 OF THE AVENAL ZONING ORDINANCE RELATING TO RV/TRAILER PARKING ON PUBLIC STREETS. A motion made by Councilman Hernandez, seconded by Mayor Pro Tem Woolley and carried. Roll Call Vote: AYES: Hernandez, Woolley, Ramirez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. E. Consider Public Hearing to Discuss Proposed Changes to the 2016 Community Development Block Grant Award (16- CDBG-11133).  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution Mr. Santillan state that in January 2020, the City also received an extension on the fund’s expenditure deadline to June 30, 2020 from October 25, 2019 citing personnel issues and construction delays. The City has expended all available funds from the 16- CDBG-11133 grant. In an effort to provide the community and the proposed beneficiaries access to the Avenal Community Center as soon as possible, the City is proposing a budget increase from HCD in the amount of $600,079. This amount would allow completion of electrical and utility connections, installation of some mechanical equipment, fire sprinklers, completion of a middle interior slab, and underground plumbing. The proposed additional budget is provided below: Furnish and Install (F&I) Middle Interior Concrete Slab, Elevator Footings - Includes Sand, Backfill, Plastic, Concrete, Bend & Clean Existing Rebar and New Rebar Installation $100,000.00 Underground Plumbing $100,000.00 F&I Building Floor - Concrete Floor Sealing & Striping $ 20,000.00 F&I Mechanical Equipment $ 17,000.00 F&I Electrical/Utility Connection and Service $ 289,435.00 F&I Wet Fire Sprinkler System $ 60,000.00 Subtotal $ 586,435.00 Construction Contingencies 10% $ 58,643.50 Total $ 645,078.50 City Funds Committed $ 45,000.00 Additional Funds Requested $ 600,078.50 Additionally, the City is currently requesting to modify its scope of work to include only a basketball court by next year. The City hopes to secure additional funding in the future to construct the additional items, including commercial kitchen, weight room, indoor soccer field, multipurpose room, and mezzanine. Staff recommends: 1) Open the public hearing to accept comments on the City's proposed changes to the 2016 State Community Development Block Grant (CDBG) Award (16-CDBG- 11133); Adopt Resolution No. 2020-_ and thereby: Review and approve the proposed budget increase and scope change for the following eligible activities: Public Facilities (including CDBG Program Income) $2,390,927 HousingCombo: HousingRehabilitation and Homeownership Assistance $220,930 General Administration (up to 7.5% of activity funds awarded) TOTAL: $129,070 $2,740,927  a. Determine that federal Citizen Participation requirements were met during the development of the application and this proposed amendment. b. Authorize and direct the City Manager or Community Development Director, or designees, to sign the any subsequent amendments with the State of California for the purposes of this grant. c. Authorize the City Manager or Community Development Director, or designees, to transfer or modify budget amounts and activities as necessary to fully expend CDBG Program funds and to execute loan documents, Funds Requests, and other required reporting forms. Mayor Ovalle opened public hearing at 8:34 p.m. and closed at 8:34 p.m. with no public comment. RESOLUTION NO. 2020-27: A RESOLUTION APPROVING A BUDGET INCREASE AND ACTIVITY CHANGES TO THE CITY'S 16-CDBG-11133 EXECUTED AMENDED GRANT AGREEMENT WITH THE STATE CDBG PROGRAM. A motion made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Ramirez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Ms. Whitten stated 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. 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. Due to the fact COVID 19 continues to spread. Staff is recommending that the City Council consider the following action by motion: "Approve and support the ongoing local emergency Resolution, and specifically, move that prior to the expiration of the 21st day, the emergency Resolution be renewed for an additional 21days after the conclusion of the 21days, 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". A motion was made by Councilman Ramirez to approve as recommended by City Manager, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Ramirez, Preciado, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None NEW BUSINESS: A. Consider Approval of Local Early Action Planning (LEAP) Grant Application: Mr. Santillan reported that the City of Avenal is eligible to receive $65,000 on a one-time, non-competitive basis. Staff proposes to utilize these funds to expand our permit/development services streamlining and improvement efforts, which would entail the purchase and installation of equipment at City Hall that will allow us to meet remotely with developers more frequently and with greater ease than having to meet in person. Developers, contractors, engineers, and others often find it difficult to travel to Avenal from other areas to review project plans, which often delays the development process and may even deter projects from moving forward due to the travel costs involved. Especially now, given the health crisis, it is more important than ever to be able to meet remotely while still effectively being able to review project plans. Potential equipment would include teleconferencing equipment for both the upstairs and downstairs conference rooms, including HD video cameras, screen/smartboard, WIFI connectivity, integration with permitting software, Zoom/WebEx integration, ArcGIS/Google Earth integration, and more. Staff recommends adoption of the attached resolution authorizing the City Manager to execute the LEAP Grant funding application and any documents/amendments attached thereto. Joint Meeting City Council/Successor Agency June 25, 2020 Page 9 of 11 RESOLUTION NO. 2020-28: A RESOLUTION OF CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS. A motion made by Mayor Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Woolley, Hernandez, Preciado, Ramirez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Fiscal Year 2020/2021 Appropriations Limit: Dawn Perkins, CPA, Director of Administrative Services reported that Article XIII B of the State of California Constitution places limits on the amount of revenue which can be spent by all entities of Government. To address the restrictions of the Article and increase the accountability of government entities in adopting their limits, voters approved Proposition Ill in June 1990. Among other things, this Proposition provides new adjustment formulas which should make the Appropriation Limits more responsive to local growth issues. It also requires an annual review of Limit Calculations. The City Council shall, each year by Resolution, establish an appropriations limit for the expenditure of so-called proceeds of taxes. The adoption of the Resolution must be at a regularly scheduled meeting of the City Council or at a noticed special meeting. The Fiscal Year 2020/2021 Appropriations Limit is $3,616,928.40 and the Appropriation Limits subject to limitations is $2,938,505.58. Since the City's appropriation limits are$923,559.82 less than the limitations, it is safe to say we will not exceed our limit this year. RESOLUTION NO. 2020-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2020-21 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. A motion made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Ramirez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None CLOSING COMMENTS: Councilman Hernandez reported the following: 1) He wanted to advise the community to continue using their facemask and practicing social distancing. Also, wishing everybody a happy Fourth of July and it is not going to be the same, but we still must celebrate our independence. Councilman Ramirez provided Law Enforcement budgets entered to the record as follows: City Budgeted amount Population Per capita expenditure Huron $1,633,181.00 7,288 $224.09 Lindsey $3,094,100.00 13,546 $228.41 Exeter $2,772,900.00 10,533 $263.26 Kerman $4,049,873.00 15,767 $256.86 Orange Cove $1,711,409.00 9,571 $178.81 Coalinga $3,246,688.00 16,534 $196.36 Lemoore $5,761,657.00 26,474 $217.63 Tehachapi $3,899,411.00 12,616 $309.08 (2 hours away) Cities average Per Capita $234.31 Average analysis > 1,874.51 Joint Meeting City Council/Successor Agency June 25, 2020 Page 10 of 11 OR $26,169,219.00 112,329 232.97 Current Avenal expenditure per capita 20/21 Budget 9,111 325.81 $2,968,414.00 19/20 Budget $3,294,763.00 9,111 361.62 Fresno $201,764,000.00 $530,093.00 $380.62 Average of 8 cities nearby Population W/O Prison Avenal $234.31 9111 $2,134,798.41 Amount Avenal should be spending $2,134,835.75 20/21 Avenal budget $2,968,414.00 Overspending $833,578.25 Councilman Preciado would like for Council to consider study session for purposes of evaluating our expenditures on Law Enforcement. Michael Schulte, Attorney stated to discuss this, not to hold the study session or create that because that is an actual action, and I don't think you can take any action at this point in the meeting during closing comments. Mayor Pro Tem Woolley reported the following: 1) KART/KCAPTA. They are trying to purchase masks, but they have not found a supplier, if anyone has information send that information to Angie Dow; and,3) attended Elite meeting. Councilman Preciado would like to find the right time to do it. There's not an item to explicitly say this is the time of Councilmember to request place and the agenda. So, it seems like he has requested that different occasions and it doesn't happen and there no consensus of Council. Can you tell us where is the proper time to do it? Michael Schulte, Attorrney stated probably the appropriate thing to do; within the agenda at any point call whoever is preparing the agenda to be added to a future agenda. What other cities will do is just add another line item for future business and so you have a line item for old business, new business and future business. If the Council wanted to, they could simply add a line item for future business. Councilman Preciado would like to suggest adding Fututre Business to the Agenda. Michael Schulte, Attorrney stated that then there's already a process in place unless I'm mistaken for like the public to add things and whatnot. So, if you just work. We are talking about the agenda and making sure that it's aggressive each meeting. Councilman Alvaro Preciado would to study the bylaws regarding reorganization of council. Also, discuss this procedure that you just mentioned. He needs to be informed to take the proper steps to move forward on agenda and take action. Michael Schulte, Attorrney stated that on exactly the details of revising the bylaws or considering revisions to the bylaws. He doesn’t have the documents in front of him. This item to revise the bylaws if the Council wanted it under the process that exists to add an agenda item to, you know, have a staff presentation on the bylaws. He feels that would be more approprate to have a presentation on the bylaws in that process. Melissa reported the following: 1) she mentioned that the trees in front of City Hall have been removed; 2) Study Session - July 9th with Mr. Farley will be presenting the AB1234 Ethics training required to have every two years; 3) City Hall will be closed on Friday, July 3rd it is the day the city actually observes Independence Day, even though Independence Day is on Saturday; 4) Fireworks display or patriotic program this year has been canceled; 5) City Hall remains closed it is opened by appointments and are required to wear mask; 6) She is happy to see the Alvarado Group moving dirt on their project; and, 7) She thanked Tony, Lupe and Fernando for the great job on COVID-19 crisis and it's not over. Thanked, Dawn for her hard work on the budget. Joint Meeting City Council/Successor Agency June 25, 2020 Page 11 of 11 Mayor Ovalle reported the following: 1) Thanked everyone, Also, if Staff could provide memo to Mr. Miguel Fausto. ADJOURNMENT. There being no further business the City Council meeting was adjourned at 9:06 p.m. Respectfully submitted, Maria Ortiz, City Clerk