Muyni
← Back to Avenal

City Council/Successor Agency/Public Finance Authority

Regular Meeting

Avenal, CA · October 28, 2021

AgendaMinutes

Minutes

AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, OCTOBER 14, 2021; 5:15 P.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING: Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join MINUTES CALL TO ORDER: at 5:19 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Hernandez, Councilman Gravelle, Councilman Verdugo, Mayor Pro Tem Ramirez, Mayor Preciado attended meeting via Zoom ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Williams, Yang, Verdugo, Stivers. LEGAL COUNSEL: Moses Diaz. CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency. The Council went into Closed Session at 5:21 p.m. CLOSED SESSION: (City/Successor Agency): It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session. A. Pending Litigation (Government Code § 54956.9). Conference with legal counsel – ANTICIPATED LITIGATION (Government Code §54956.9(d)). Significant exposure to litigation (Government Code § 54956.9(d)(2)). Number of potential cases is: 1. B. Conference with Real Property Negotiator(s) (Government Code § 54956.8). It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agencyas follows: Property Description: APN: 040-301-017; 040-301-026; & 040-301-028 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: Dollar General. Instructions to negotiator concerning: Terms C. Conference with Labor Negotiator(s) (Government Code § 54957.6). It is the intent of this governing body to meet in Closed Session to review its position and to instruct itsdesignated representatives: Designated representatives: Bargaining Units 4 / APOA. D. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the position of: 1. Title: City Manager Title: Chief of Police Mayor Preciado re-opened City Council meeting at 6:22 p.m. and will continue Close Session after the regular meeting. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULES APPERANCES: Mayor Francisco Ramirez, Mayor of the City of Hanford announced Faraday Future is looking forward to the opportunity to further connect with community during the upcoming Job Fair for its Manufacturing Facility on November 10th at the Hanford Civic Auditorium. Job Fair: Wednesday, November 10th from 4:30 - 7:30 p.m. at the Hanford Civic Auditorium, 400 N. Douty St. Avenal residents are welcome to come out and apply. Joint Meeting City Council/Successor Agency – October 28, 2021 Page 2 of 7 Veronica Aguirre stated the following: 1) concered with older men whisling duagther and we need to make our community safe for our children. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Approval of City of Avenal/Successor Agency’s Minutes for October 7, 2021 & October 14,2021. B. Warrants and Financial Statements for August 2021. C. Ratify Offers to the Employee Designated Negotiating Teams No. 1, 2, 3, & 5, As PerRequested for FY 2021/2022, 2022/2023, 2023/2024: Resolution 2021- 46. D. Resolution Authorizing Submittal of a 2021 Cal Home Program Application: Resolution2021- 47. E. Consider Certificate of Acceptance for Dedication of Easements (Avenal Tract 2020-01). A motion was made by Councilman/Successor Agency Member Gravelle to approve Consent Calendar, seconded by Councilman Hernandez, and carried. RATIFY RESOLUTION 2021-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUPPORTING AND APPROVING OFFERS TO THE EMPLOYEE DESIGNATED NEGOTIATING TEAMS NO. 1, 2, 3, & 5, AS PER REQUESTED FOR FY 2021/2022, 2022/2023, 2023/2024. A motion was made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. RESOLUTION NO. 2021-47 THE GOVERNING BOARD OFCITY OF AVENAL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME. A motion was made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider One (1) Appointment for Vacant Planning Commission Seat - Mayor Preciado. Antony Lopez, City Manager at the April 8, 2021, City Council Meeting, Lulu Carrizales was appointed to fill a vacancy in the Planning Commission. Recently, Lulu has moved away from Avenal making her ineligible to serve on the Planning Commission. Staff has advertised the vacancy and to date has received onenew application, from Ricardo J. Reyna Jr. Please see the application attached. Although the Planning Commission has not been very active in the last year, with no new CUP applications and staff working to familiarize and update the Zoning Ordinance, the next meetingis planned for November 1, 2021. This appointment can be filled by Mayor Preciado if he so chooses. After a brief discussion the Council was in consensus to table item for the next meeting and directed Staff to advertise vacancy. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Community Activities Department Activity Report: Shelia Verdugo, Supervisor. Shelia Verdugo, Supervisor reported the following: 1) activities for September: outreach to county Homeless Connections, met with Adventist Health and Lupe Chavez, Code Enforcement to share ideas onvaccination clinic, Picked up Senior Meals on Tuesday’s and distributed, Assisted CHP with paperwork for Car Seat Safety Drive – Thru, Flea Market , 9 – 11 Tribute, Distributed Suicide Prevention flyers, Picked up food from KCAO distribution and distributed it to the Seniors, Cleaning and Inventorying Facilities and C-Trains, Continue to work with county organizations and Ordered new treadmills; 2) October activities completed: Final Flea Market, Pistachio Festival, Continue working with county organizations, Staff meeting to discuss joint facility with RSUSD, Outreach to Wonderful Health and Wellness coordinator to get assistance for two displaced people, set-up Ofrenda Table for Community at the Joint Meeting City Council/Successor Agency – October 28, 2021 Page 3 of 7 downtown bandstand, Assisted ASP connect with vendors, met with Larry Todd, worked with Pablo and the county to organize a Senior focus group, 3) Upcoming – October, November, and December: Day of the Family Trunk ‘r Treat – Oct. 30th from 3:00 – 5:00 pm in the AHS Parking Lot, Día de los Muertos – November 1st 200 block of Kings Street, November 25th – Community Thanksgiving Meal Drive-Thru, Feed the Homeless and provide care packages – Staff will assist Pablo with what he needs, December 4th – Christmas Tree Lighting, Schedule a workday with Pablo to sand, stain, and put epoxy on serving tables at Veteran’s Hall; 4) Moving Forward: Order maintenance equipment to upkeep facilities, Strip out old restrooms at park and add shelving to store bounce houses and carnivalgames and equipment, Convert Senior Supply room into equipment storage area, Reconnect with WHC to offer some sprots camps; 5) Community Garden: Need to meet with Councilmen Hernandez/Gravelle and City Manager to discuss moving forward, Staff reached out to the prison, and they need a list of our needs. Once they get it,they can determine what they can help with: 6) Facility Rentals/Usage. 2) IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) purchase of purchased much of the necessary equipment to become self-sufficient in our own networking needs, purchased a solutionto assist our City Clerk in agenda creation, management, and deployment in which implementation training will begin next week at the time of reporting, auditing our printers and laptops as equipment has shifted around amidst work from home orders toward the beginning of COVID, refurbishing 11 of the aging laptops we currently have with an SSD swap, and transitioning to newer Lenovo laptops for the tech center with 12 in hand; 2) Cintinue efforts with phoe system; 3) Civic Clerk software training; and 4) server purchased and contued work within the city. Humberto Bermudez, IT Manager reported the following: 1) assisting City Clerk with agenda creation, management, and deployment in which implementation training will begin; 2) auditing printers and laptops; 3) refurbishing 11 of the aging laptops and transitioning to newer Lenovo laptops for the tech center with 12 in hand; 4) Continuing the efforts on landline phonesystem; 5) continued email migration over to a branch of Microsoft 365 for their hosting ; and 6) server purchased from Colfax is still on hold as the global silicon shortage continues toaffect processor supply; and 7) Networking equipment purchases are on hold and continued duties thought out city. 3) Avenal Police Department Activity Report: Russell Stivers, Chief of Police. Russell Stivers, Chief of Police reported the following: 1) Avenal Officers investigated 5 DUI investigations during the month- luckily nobody was injured; 2) Officers coordinated with the California Highway Patrol with the discovery and recovery of a stolen vehicle from the City of Avenal; 3) A gang related brandishing of a firearm was investigated during the month of September and arrested without incident; 4) Officers Rodrigues and Mendoza spent a substantial amount of time on a missing juvenile investigation. They were able to track the missing juvenile to the Panera Bread in in Hanford. The juvenile had left Panera but the Sheriffs Office located him at the Hanford Circle K. Special thanks to the Sheriffs Office for meeting our officers halfway with the juvenile so hecould be returned home safely; 5) Officers distributed nearly 100 backpacks which were donated to the police depaiiments. Lots of happy kids and officers! Officers are getting ready for our annual coat drive! and, 6) Monthly Statistical report. B. Special Presentations/Reports: 1. None. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Mr. Lopez reported that the Local Emergency continues to exist or threat existence of a local emergency: COVID-19 pandemic. The declaration must be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending that the City Council consider the following action by motion: COVID-19 continues posing a threat to public safety and thus staff remains on alert to respond tonew developments. awaits expanded eligibility for the vaccine to younger children before helping and push another large-scale vaccination event. Currently, staff is recommending the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to Joint Meeting City Council/Successor Agency – October 28, 2021 Page 4 of 7 consider the ongoing emergency Resolution, at which time a special meeting wouldbe scheduled. A motion was made by Councilman Verdugo to approve as recommended, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None ABSTAIN: None. B. Consider Extending Local Emergency Declared on May 27, 2021: Mr. Lopez reported that on May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action by motion: On July 20th, 2021, USBR informed City Staff that additional water for Public Health & Safety needs would be conditionally allocated, in the amount of 2,480-acre feet to the City of Avenal.This amount equates to the City’s historic use for the past five years and should be adequate to meet the City’s needs for this water year – if conservation measures are still enforced. Given that this allocation is conditional and subject to change, staff will continue monitoring the situation in hopes that this new allocation is not reduced. As the season is changing to Fall, Staff has begun internal discussions on long-term changes to reduce the City’s dependability on USBR water for future sustainability. To date, the City has utilized roughly 1,480 ac ft of water. Staff is recommending the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting wouldbe scheduled. A motion was made by Councilman Gravelle to approve as recommended, seconded by Councilman Verdugo and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Adopting Resolution 2021-48 to satisfy AB 361 and Continue TeleconferencedMeetings: Mr. Lopez reported that on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for publicagencies to transition back to public meetings held in full compliance with the Brown Act. On September 16th Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements thatare similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing withoutcomplying with the teleconferencing requirements imposed by the Ralph M. Brown Act when alegislative body of a local agency holds a meeting during a declared state of emergency, as thatterm is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. As he continues that as the Delta variant has surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:  The legislative body holds a meeting during a proclaimed state of emergency, and state orlocal officials have imposed or recommended measures to promote social distancing.  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority Joint Meeting City Council/Successor Agency – October 28, 2021 Page 5 of 7 vote, whether as a because of the emergency, meetingin person would present imminent risks to the health or safety of attendees.  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person wouldpresent imminent risks to the health or safety of attendees.  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, because of the emergency, meeting in person wouldpresent imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’sright to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all the following in addition to meetingnotice requirements under the Brown Act: of the following in addition to meetingnotice requirements under the Brown Act:  Allow the public to access the meeting and require that the agenda provide an opportunityfor the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.  In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide publiccomment.  Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical locationfor the public to attend or provide comments.  Conduct teleconference meetings in a manner that protects the statutory andconstitutional rights of the public.  Stop the meeting until public access is restored in the event of a service disruption thateither prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such aservice disruption can be challenged under the Brown Act’s existing challenge provisions).  Not require comments be submitted in advance (though the legislative body may providethat as an option) and provide the opportunity to comment in real time.  Provide adequate time for public comment, either by establishing a timed publiccomment period or by allowing a reasonable amount of time to comment.  If the legislative body uses a third-party website or platform to host the teleconference, and the third- party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may notclose the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue usingthe bill’s exemption to the Brown Act teleconferencing rules:  The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continueto impose or recommend social distancing measures. Staff ‘s goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access throughteleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgencyclause which became effective upon signing with a sunset of January 1, 2024. After a brief, discussion, the following action was taken. RESOLUTION 2021-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY DUE TO IMMINENT RISK TO HEALTH AND SAFETY OF IN PERSON MEETINGS AS A RESULT OF THE CONTINIUING COVID-19 PANDEMIC; AND AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF AVENAL FOR A 30 DAY PERIOD BEGINNING OCTOBER 14, 2021 PURSUANT TO AB 361. A motion was made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Roll Call Vote: Joint Meeting City Council/Successor Agency – October 28, 2021 Page 6 of 7 AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Joining Tulare Kings Hispanic Chamber of Commerce: Mr. Lopez reported that as one of the Council Goals for 2021-2022, helping establish a local chamber of commerce/ business association has been a priority for quite some time On October 12th, Staff and the Mayor were able to meet with Gil Jaramillo and Carlos Mendoza of the Tulare Kings Hispanic Chamber of Commerce (TKHCC) to discuss how the TKHCC can help Avenal businesses. After discussing the unique circumstances and opportunities Avenal faces, both Gil and Carlos seem excited to help the local business community start their own chamber first, and then over time that chamber/association could potentially join the TKHCC once formally established. He continues that the THKCChas ideas to hold workshops in Avenal and invite the local businesses to their events throughout Kings and Tulare to meet other entrepreneurs to help network and collaborate with each other. Likewise, the TKHCC is willing to help be sponsors to our local events and potentially host a networking event here In Avenal as well to increase the exposure of the community. The TKHCC is willing to begin this work with our community now but does ask that the City consider joining as a Non-Profit Agency member to help formalize the relationship and collaborations that are tofollow. Gil Jaramillo mentioned that they have experience with all the champers activities and will be happy to help Avenal with starting a chamber or continued help. After a brief, discussion the following action was taken. A motion was made by Councilman Gravelle to join, the TKHCC in the amount of $250, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager reported the following 1) RSUSD/City of Avenal Community open gym – AHS Mondays & Wednesdays 7-9PM/ RSMS GYM Tuesday & Thursday 5-7:30 PM & Kettleman City Gym and community invited. He believes there will be a charge of $2. Also, start providing maybe sports leagues or some other activities; 2) Vaccine Clinic winter schedule – AHS COVID-19, testing & boosters every Tuesday: 11/2, 11-16, 11/30 12:30-6PM; 3) Saturday October 30th Round two – Pet Vaccination Clinic 9am to 12PM at Rice Park & 3-5PM Day of the Family & Trunk or Treat; 4) November 1st - Día De Los Muertos: Downtown 6-9PM; 5) November 9th Town Hall hosted by the California Air Resources Board public meeting, 601 E Mariposa AHS Auditorium – 6-8PM Avenal Odor Investigation Update/ http://us02web.zoom.us/j/87243440488. Also, many agencies will be present, and all are invited and community who's have concerns regarding this issue. City Staff is helping in stream the meeting and there will be interpretation; 6) November 10th Avenal Theater 6PM Community Design Meeting for new District Office and City Civic Center facilitated by Mangini Associates Inc.; 7) November 15th Check presentation at Avenal Community Center with Assemblymember Rudy Salas & Senator Melissa Hurtado Mayor Preciado reported the following: 1) attended many meetings; 2) thanked everyone for attending. ADJOURNMENT: Mayor Preciado re-opened meeting at 10:03 p.m. with action to report as follows: RESOLUTION 2021-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL SUPPORTING AND APPROVING OFFERS TO THE EMPLOYEE DESIGNATED NEGOTIATING TEAMS NO. 4 AS PER REQUESTED FOR Joint Meeting City Council/Successor Agency – October 28, 2021 Page 7 of 7 FY 2021/2022, 2022/2023, 2023/2024. A motion was made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. There being no further business the City Council meeting was adjourned at 10:13 p.m. Respectfully submitted, Maria Ortiz, City Clerk

Agenda

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING OCTOBER 28, 2021; 5:15 P.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING: Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join. Study Session: None. LAST ORDINANCE: 2020-07 CITY LAST RESOLUTION: 2021-46 (SA) LAST RESOLUTION: 2021-04 PFA LAST RESOLUTION: 2021-05 AGENDA 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE: 2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado. CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency. 3. CLOSED SESSION: (City/Successor Agency): It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session. A. Pending Litigation (Government Code § 54956.9). Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)). Significant exposure to litigation (Government Code § 54956.9(d)(2)). Number of potential cases is: 1. B. Conference with Real Property Negotiator(s) (Government Code § 54956.8). It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows: Property Description: APN: 040-301-017; 040-301-026; & 040-301-028 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: Dollar General. Instructions to negotiator concerning: Terms C. Conference with Labor Negotiator(s) (Government Code § 54957.6). It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: Bargaining Units 4 / APOA. D. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the position of: 1. Title: City Manager 2. Title: Chief of Police 4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person. Oct 28, 2021 Pg. 1 5. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Approval of City of Avenal/Successor Agency’s Minutes for October 7, 2021 & October 14, 2021. B. Warrants and Financial Statements for August 2021. C. Ratify Offers to the Employee Designated Negotiating Teams No. 1, 2, 3, & 5, As Per Requested for FY 2021/2022, 2022/2023, 2023/2024: Resolution 2021- 46. D. Resolution Authorizing Submittal of a 2021 Cal Home Program Application: Resolution 2021- 47. E. Consider Certificate of Acceptance for Dedication of Easements (Avenal Tract 2020-01). 6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider One (1) Appointment for Vacant Planning Commission Seat - Mayor Preciado. 7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: A. Activity Reports: 1) Community Activities Department Activity Report: Shelia Verdugo, Supervisor. 2) IT Department Activity Report: Humberto Bermudez, IT Manager. 3) Avenal Police Department Activity Report: Russell Stivers, Chief of Police. B. Special Presentations/Reports: 1. None. 8. PUBLIC HEARING(s): A. None. 9. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action). B. Consider Extending Local Emergency Declared on May 27, 2021: (Discussion/Action). 10. NEW BUSINESS: A. Consider Adopting Resolution 2021-48 to satisfy AB 361 and Continue Teleconferenced Meetings: (Discussion/Action). B. Consider Joining Tulare Kings Hispanic Chamber of Commerce: (Discussion/Action). 11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: • Upcoming/Future Agenda Items to Consider. • Correspondence/Announcements/Information/Closing Comments. 12. ADJOURNMENT: 1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II]. 2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours. I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on October 25, 2021. /s/ Maria Ortiz Maria Ortiz, City Clerk Oct 28, 2021 Pg. 2 CIUDAD DE AVENAL "Capital Mundial del Pistacho®" REUNIÓN DEL CONCEJO MUNICIPAL / AGENCIA SUCESORA / PFA OCTUBRE 28, 2021; 5:15 p.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE ZOOM VIDEO/WEB CONFERENCING: Enlace Web: bit.ly/AvenalCouncil o usar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y usando el ID de reunión 872 4344 0488 para unirte. Sesión de estudio: Ninguna. ÚLTIMA ORDENANZA: 2020-07 CIUDAD ÚLTIMA RESOLUCIÓN: 2021-46 (SA) ÚLTIMA RESOLUCIÓN: 2021-04 PFA ÚLTIMA RESOLUCIÓN: 2021-05 AGENDA 1. LLAMADA AL ORDEN Y JURAMENTO DELEALTAD: 2. PASE DELISTA : Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde Interino Alejandro Ramírez; Alcalde Álvaro Preciado. SECRETARIO DE LA CIUDAD: Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia Sucesora. 3. SESIÓN CERRADA: (Ciudad/Agencia Sucesora): Es la intención de este órgano rector reunirse en sesión privada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre temas de interés relacionados con la sesión privada. A. Litigio pendiente (Código de Gobierno § 54956.9). Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)). Exposición significativa a litigios (Código de Gobierno § 54956.9 (d) (2)). El número de casos potenciales es: 1. B. Conferencia con negociadores de bienes raíces (Código de Gobierno § 54956.8). Es la intención de este órgano rector reunirse en sesión privada para consultar con su(s) negociador(es) de bienes inmuebles con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguientemanera: Descripción de la propiedad: APN: 040-301-017; 040-301-026; & 040-301-028 Negociador(es): Administrador de la Ciudad / Abogado de la Ciudad. Parte con la que negociar: Dólar General. Instrucciones al negociador relativas a: Términos C. Conferencia con Negociador(es) Laboral(es) (Código de Gobierno § 54957.6). Este órgano rector tiene la intención de reunirse en sesión privada para examinar su posición e instruir a sus representantes designados: Representantes designados: Unidades de Negociación 4 / APOA. D. Personal (Código de Gobierno § 54957 (b)). Considere la evaluación del desempeño de los empleados públicos para el puesto de: 1. Título: City Manager 2. Título: Jefe de Policía 4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONESNO PROGRAMADAS: Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier punto en la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción de la materia del Concejo Municipal / Agencia Sucesora. La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona. Oct 28, 2021 Pg. 3 5. CALENDARIO DE CONSENTIMIENTO: Todos los elementos enumerados en el calendario de consentimiento son rutinarios y se promulgan mediante una moción: (Acción). A. Aprobación de las Actas de la Ciudad de Avenal / Agencia Sucesora para el 7 de octubre de 2021 y el 14 de octubre de 2021. B. Warrants y Estados Financieros de Agosto 2021. C. Ratificar las ofertas alos equipos negociadores designados por los empleados nº 1, 2, 3 y 5, según lo solicitado fo FY 2021/2022, 2022/2023, 2023/2024: Resolución 2021-46. D. Resolución que autoriza la presentación de una solicitud del Programa Cal Home 2021: Resolución 2021- 47. E. Considere el Certificado de Aceptación para la Dedicación de Servidumbres (Avenal Tract 2020-01). 6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / PUNTOS A CONSIDERAR: A. Considere un (1) nombramiento para el puesto vacante de la Comisión de Planificación - Alcalde Preciado. 7. INFORMES DE ACTIVIDAD/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS: A. Informes de actividad: 1) Informe de Actividades del Departamento de Actividades Comunitarias: Shelia Verdugo, Supervisora. 2) Informe de Actividad del Departamento de TI: Humberto Bermúdez, Gerente de TI. 3) Informe de actividad del Departamento de Policía de Avenal: Russell Stivers, Jefe dePolicía. B. Presentaciones/Informes Especiales: 1. Ninguno. 8. AUDIENCIA(S) PÚBLICA(S): A. Ninguno. 9. NEGOCIO ANTIGUO: A. Considere extender la emergencia local declarada el 24 de marzo de 2020: (Discusión / Acción). B. Considere extender la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción). 10. NUEVOS NEGOCIOS: A. Considere la posibilidad de adoptar la Resolución 2021-48 para satisfacer la AB 361 y continuar las reuniones por teleconferencia:(Discusión/Acción). B. Considere unirse a la Cámara de Comercio Hispana de Tulare Kings: (Discusión/Acción). 11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES: • Próximos/Futuros puntos del orden del día a considerar. • Correspondencia/Anuncios/Información/Comentarios finales. 12. APLAZAMIENTO: 1) De conformidad con la Ley de Estadounidenses con Discapacidad, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Consejo / Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina [De los Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal. Oct 28, 2021 Pg. 4 Certifico que este taller de la Agenda 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) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 25 de octubre de 2021. /s/ María Ortiz María Ortiz, Secretaria municipal Oct 28, 2021 Pg. 5 CITY OF AVENAL “Pistachio Capital of the World®” SPECIAL CITY COUNCIL OCTOBER 7, 2021; 6:00 P.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING: Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join. Minutes CALL TO ORDER: 6:04 p.m. ROLL CALL: Councilmember Gravelle, Councilman Verdugo Mayor Preciado, Mayor Pro Tem Ramirez via zoom. ABSENT: Councilman Hernandez. STAFF PRESENT: Ortiz, Bermudez, Lopez, Yang. LEGAL COUNSEL: None. 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. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: A. Redistricting Presentation by Valley Voices – Ruth López, Executive Director.(Informational). Valley Voices – Ruth López, Executive Director gave a lengthy presentation & des of redistricting: 1) they attend county Board of Supervisors meetings; 2) CAResearch proposed demographer consultant national demographics Corp wrote letter of oppositions to the hiring of in NDC; 3) gathered 880 signatures from the community 4) hired a demographic from the valley; 5) targeted other districts within Kings County encouraged them to not engage in a cost sharing agreement with the county; 6) who is NDC; New proposed map from Valley Voices. CLOSING COMMENTS: Antony Lopez, City Manager: 1) invites the community to the last Flea Market at Sport Complex live music and peting zoo; 2) 2nd round of vacines with gift certificate Sundat 10-2pm. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 7:18 p.m. Respectfully submitted, Maria Ortiz, City Clerk 1 Oct 28, 2021 Pg. 6 AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, OCTOBER 14, 2021; 5:15 P.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING: Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join MINUTES CALL TO ORDER: at 5:19 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Hernandez, Councilman Gravelle, Councilman Verdugo, Mayor Preciado Mayor Pro Tem Ramirez attended meeting via Zoom ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Williams, Yang, Verdugo, Stivers. LEGAL COUNSEL: Moses Diaz. CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency. Mayor Preciado opened Public Comment at 5:20 p.m. T.C. May would like to why they cut the Christmas Tree and what are they going to do for a Christmas Tree. The Council went into Closed Session at 5:21 p.m. CLOSED SESSION: (City/Successor Agency): It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session. A. Pending Litigation (Government Code § 54956.9). It is the intention of this governing body to meet in closed session concerning: Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). Parties, case/claim no: Alba Luz Calderon De Cerda et al. v. Corteva Inc. et al. (Kings County Superior Court, Case No. 20C- 0250). B. Pending Litigation (Government Code § 54956.9). It is the intention of this governing body to meet in closed session concerning: Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). Parties, case/claim no: Center for Biological Diversity et al. v. United States Bureau of Reclamation, et al. (United States District Court, Case No. 1:20 -cv-007606-DAD-EPG). C. Pending Litigation (Government Code § 54956.9). Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)). Significant exposure to litigation (Government Code § 54956.9(d)(2)). Number of potential cases is: 1. D. 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: 040-301-017; 040-301-026; & 040-301-028 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: Dollar General. Instructions to negotiator concerning: Terms E. 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 / APOA Oct 28, 2021 Pg. 7 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 2 of 8 F. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the position of: Title: City Manager Mayor Preciado re-opened City Council meeting at 6:22 p.m. and will continue Close Session after the regular meeting. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULES APPERANCES: Shelia Verdugo introduced parttime Staff as follows: Louisa Starne, Shanae Sandoval, Francisco Ovalle. Rob Williams, Public Works Director introduce new Code Enforcement Officer Raul Valadez. Veronica Aguirre stated the following: 1) Congratulations for the parttime staff; 2) Landfill issues that have not been addressed. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Approval of City of Avenal/Successor Agency’s Minutes for September 23, 2021. B. Consider Authorizing City Manager to Sign Rule G-10 Disclosure Form with Del RioAdvisors, LLC, Municipal Advisor to the City of Avenal: C. Consider Authorizing the Public Works Director to Execute a Master Agreement and Other Documents with Caltrans for Federal-Aid Projects. A motion was made by Councilman/Successor Agency Member Verdugo to approve Consent Calendar, seconded by Councilman Hernandez, and carried. RESOLUTION 2021-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT AND OTHER DOCUMENTS WITH CALTRANS FOR FEDERAL- AID PROJECTS. A motion was made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernández, Gravelle, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: 1) None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Special Presentations/Reports: 1) Kings County Redistricting Informational Presentation: Matthew Boyett, Administrative Analyst & Diane Freeman, Interim County Counsel. Matthew Boyett, Administrative Analyst reported for 40-min on Redistricting Kings County: 1) Timeline; 2) Goals/Laws; 3) Defining Neighborhoods; 4) Communities of Interest; 5) Review of mapping tools; and 6) Staying connected and up-to-date Website: www.RedistrictKings.com, Phone 852-2445, redistricting@ca.kings.ca.us; Instagram: Mr. Boyett is available for any questions and if he can't answer them, he has Diane Freeman, Interim County Counsel. Councilman Verdugo has a concern regarding Initial Hearings held July 20, July 27, August 31 at 10:00 a.m. And why the Board of Supervisors doesn’t have evening meeting for working residents. Mr. Boyett stated that those three meetings were held at 10:00 a.m. at our regularly meeting. On November 3rd Public Hearing specifically dedicated for the evening for those folks that couldn't have participated in those meetings. Diane Freeman, Interim County Counsel commented that she understands that there have been some requests for more meetings in the evening. And she thinks it's a valid request, but she wants to be sure everyone is aware that these meetings are all recorded and published online and there are ways to provide feedback online and in many ways. So, any member of the public who wants to view the Oct 28, 2021 Pg. 8 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 3 of 8 information and participate can go and access that very same presentation that was originally done and then provide feedback via email or via any other means of communication. She hopes that doesn't preclude people from participating because it is designed to reach as many people as possible and it is published over the Internet in the way it is so that people can access it anytime of the day any anytime day or evening and get back to us in whatever make means they feel most comfortable doing. Mayor Preciado clarification regarding Redistricting rules and Goals? Mrs. Freeman state that we have our Federal rules that they must comply with them and that's the prime supreme law they must find follow that and ask the equality of population. In addition, California recently enacted changes to his Redistricting laws rules and instead a bunch of different requirements that used to be historically jurisdictions had more freedom to decide what things they wanted to consider as priorities. The state has come in and given them a list of things that they need to consider and the priority in which they need to consider them that's what’s listed as follows: 1) Geographically contiguous; 2) Undivided neighborhoods and “communities of interest” (Socio-economic geographic areas thatshould be kept together); 3) Cities and CDP’s; 4) Easily identifiable boundaries. 5) Compact (Do not bypass one group of people toget to a more distant group of people) Prohibited: “Shall not favor or discriminate againsta political party.” Mayor Preciado asked if the County would provide a map. Mrs. Freeman stated yes. Moses Diaz, City Attorney asked on December 7th is the map that's finally selected and approved is it going to be incorporated into that ordinance. Mrs. Freeman stated that they must be published twice there's a lot of procedure involved and procedure recently enacted legislation that allows the county to adopt the ordinance by resolution. They must go through some procedures to allow that to happen in Kings County. They are implementing those procedures that it before chooses to go that route then we will move to adopt the ordinance by resolution that we're still working through those procedures so that what we presented to you today is what the current plan is but is potential that that plan could change. She believes that would be to the benefit of the public because it would allow a little bit more time for discussion. The Border of Supervisor provided decision to adopt map and ultimately draws lines they are here on their behalf. 2) Avenal Regional Landfill Activity Report: George Anderson, Site Manager. George Anderson, Avenal Landfill, Waste Connections Activity reported the following: 1) Landfill tonnage; 2) Monday with high winds shutdown operations. Also, collected 147- bags of around landfill and proposing 250 feet of new netting keep more trash in the Landfill; 3) landscaping vegitation;4) Landfill Tours and thanked residents for coming out and asking questions; and 4) purchased fans and mister. 3) Míocar EV Carshare Program Presentation: Gloria Huerta, Carshare General Manager. Diego Paniagua Manager reported the following: 1) Micro Team -hiring local coordinator and fleet staff California based non-profit, Míocar handles all of our customerservice in-house and bilingual team is on call 24/7; 2) available vehicles – Chevy Bolt, BMWi3; 3) Miocar Registration process: must be 21 or over, Have a valid driver’s license (AB60 license accepted) Valid debit, credit or prepaid card download the Miocar app www.miocar,org affordable & easy to use; 4) Registration Process: create an account you will need your drivers license, payment method, email or cell phone; 5) Miocar registration process: once your application is complete: wait 3-5 business days for your Motor Vehicle Record (MVR) to get processed, Complete Orientation Phone, Skype and Membership Activated; 6) Member Guidelines: Remember to charge the vehicle when you are ending a reservation Make sure to wipe and clean vehicle before and after each trip, Each vehicle has CDC recommended cleaning supplies Bring your own car seat, inspect the vehicle before your trip and make sure to document anydamage or other issues that would require vehicle maintenance; 7) Local events and Miocar location Orosi, Dinuba, Visalia, Wasco, Arvin & Lamont. B. Activity Reports: 1. Public Works/Code Enforcement/Animal Control Departments Activity Report: RobWilliams, Public Works Director. Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 5) Water Distribution – seven water leaks; 6) Wastewater Collection; and 7) Vehicle, Equipment, & Building Maintenance. 2. Community Development Department Activity Report: Kao Nou Yang, Community &Economic Development Director. Kao Nou Yang, Community &Economic Development Director reported the following: 1) Processing Zoning Land Use Applications, Site Plan Review No. 21-01 – Dollar General; 3) Avenal Community Sports and Recreation Center – We are currently awaiting the extension of time agreement from HCD. The City received $2 million dollars to designate the Oct 28, 2021 Pg. 9 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 4 of 8 Center into a Cooling center by State Allocations from Assemblymember Salas and Senator Hurtado & check presentation November 15th. ; 4) Tentative Tract Map No. 21-01 – Application submitted in by Oasis Valley LLC. This Tentative Tract Map is proposing to subdivide approximately 24.45 acres into 113 lots ranging from 5,300 square feet to 11,000 square feet located at north of San Benito Street and West of “A” Avenue, Avenal, Assessor’s Parcel Number 038-270-066. Currently the project is with the Applicant and their Consultantsto work on the CEQA document. The City is awaiting the Administrative draft.5) Long Range Planning: Zoning, Subdivision and Building Ordinance – Request for Proposal (RFP) to do a comprehensive update on the Zoning and land division ordinance has ben posted and its on the City Website as well as other planning websites like APA. The City will be utilizing SB 2 Planning Grant to fund the RFP. RFP will be reposted for clarifications to comments on October 14th if any clarification isneeded and then the RFP will be DUE NOV 1, 2021; 6) Building and Zoning Permits Reorganization – Currently the Community Development and staff are working on rearranging the files and shifting to a more digitize process. Still Working on the Process; 7) Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application; 8) Building Division: Building Permits – The City is currently sending out letters to Property owners, developers, contractors and/or builders on permits that have been inactive for more than 1 year and have not been progressing or inspected within the last year. With the current CBC, we are trying to close out some of the inactive permits to focus more on the new development permits such the new residential homes, etc. If you have any questions or know of any resident who has received the letters, please have them come talk to us at City hall and we can help them through the process; 8) continue working on Avenal Safe Route To School ATP Cycle 4 &. Utilities and Mortgage Assistance Program workshop with Self Help Dates Scheduled at the Avenal Recreation Center from 5:00 PM to 7:00 PM: October 20th and 27th / November 17th / December 15th and 29th; 9) Economic Development Division: CrisCom present an update as the City’s Economic Development Division. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Mr. Lopez reported that the Local Emergency continues to exist or threat existence of a local emergency: COVID-19 pandemic. The declaration must be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending that the City Council consider the following action by motion: COVID-19 continues to pose a threat to public safety and thus staff remains on alert to respond to new developments. Staff is recommending the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by thirty (30) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting wouldbe scheduled. A motion was made by Councilman Verdugo to approve as recommended, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None ABSTAIN: None. B. Consider Extending Local Emergency Declared on May 27, 2021: Mr. Lopez reported that on May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is Oct 28, 2021 Pg. 10 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 5 of 8 required to be reviewed to consider the following action: 1) reaffirm that a local eme rgency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by thirty (30) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. A motion was made by Councilman Verdugo to approve as recommended, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Approval of Generator Purchase for Veterans Hall. as part of CalOES FY20 Community Power Resiliency Program Grant: Mr. Davis reported that Earlier this year, the City received $100,000.00 in grant money from the California Office of Emergency Services (CalOES). The grant will be used to put a generator at theVeterans Memorial Hall so the facility can be used as an emergency site for the community when there are power outages or other local emergencies. Staff contacted suppliers for the generator and found that Consolidated Electrical Distributers had the shortest lead time for delivery of the unit. Although the grant period was extended from November 2021 to May 2022, supply constraints due to COVID have impacted delivery schedules by many vendors, makingthis purchase urgent. CED is a dealer for Generac Industrial Power Generators which isone of the best in the industry. The quote we received is as follows. 1. Generator $29,720.00 2. Automatic Transfer Switch $3,913.00 3. Start Up and Testing $2,215.00 4. 7 Year Extended Warranty $3,000.00 5. Tax (parts only) $2,438.40 Staff recommends by Resolution, authorize the City Manager to purchase the Generator, Transfer Switch, Start Up and extended Warranty from CED-Visalia for the price of $41,286.40. After a brief, discussion the following action was taken. RESOLUTION 2021-43: APPROVING THE PURCHASE OF A 50 kW GENERATOR FOR THE VETERAN’S HALL AS PART OF THE CALOES FY 20 COMMUNITY POWER RESILIENCY PROGRANT GRANT. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernández, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Entering into an Agreement with CivicPlus for Board/Agenda Software Subscription: Maria Ortiz, City Clerk reported that in an initiative to move to a paperless setup for the Avenal City Council, Staff has researched municipal clerk software to aid in the process of creating and deploying council packets digitally that we have researched three (3) software that were able to provide solid solutions for these requirements: • CivicClerk by CivicPlus for a first-time setup of $6,020.00 first year implementation, an annualrenewal of $4,490.80, and a yearly 3% annual increase thereafter. Oct 28, 2021 Pg. 11 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 6 of 8 • iCompass by Diligent $4,850 annual subscription fee, no setup fee. • Peak Agenda Management by Granicus for approximately $10k/year at the time of reporting. Humberto Bermudez, IT Manager stated that our website, cityofavenal.com, is currently powered by Civic Engage, CivicPlus’s municipal website hosting backend. CivicClerk has the benefit of being directly tied to our website, allowing for a more robust agenda and packet sharing, direct ties to our site calendar, and instant data integration without requiring a third-party redirect. Additionally, CivicClerk is proving a discount for already being customers of CivicPlus. Staff is recommending, by Resolution to authorize the City Manager to enter an agreement with CivicPlus for the addition of their CivicClerk software with a renewal every year. Once the software is ready for use, staff will come back to Council regarding the purchase of iPads to fully utilize the CivicClerk software. The first year and following three years of the subscription will be paid from the ARPA Technology/Communication Improvements for Remote Work/Public Interaction budget for a total of $19,900.61. $ 6,020.00 Year One $ 4,490.80 Year Two (+3%) $ 4,625.52 Year Three (+3%) $ 4,764.29 Year Four (+3%) $ 19,900.61 Total from ARPA Funds After a brief, discussion the following action was taken. RESOLUTION 2021-44: ENTERING INTO AN AGREEMENT WITH CIVICPLUS FOR CIVICCLERK ANNUAL - AGENDA AND MINUTES MANAGEMENT SOFTWARE. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernández, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Change Order for Wastewater Plant Solar Project as part of Drinking Water State Revolving Funds Grant: Alfonso Manrique, AM Consulting stated that in 2019, the City was awarded a Construction Grant by the State Water Resources Control Board for theSolar Photovoltaic Generation System at the Wastewater Treatment Plant, Project No. C-06-8392-110, Agreement No. SWRCB0000000000D184006. The original plan for the project was to install solar panels on the unused portions of the wastewater treatment plant to generate electricity to both run the facility and gain a credit from PG&E from net metering with power that is returned to the electricalgrid. The expected savings was projected around $400,000.00 to the wastewater enterprise funds. The project was intended to be completed in December of 2020, but PG&E stalled on approving the project. Working closely with the project manager, Alfonso Manrique of AM-CE, PG&E would not approve the project until certain mitigations were put in place as the net metering benefit was no longerbeing guaranteed due to the potential of other new solar projects in the area sapping away that potential benefit. He continues working with both PG&E and the SWRCB to come up with a solution to help move the project forward. At this point, the state is willing to pay for the mitigations of additional capacity to the power lines. Despite implementing the mitigations required by PG&E, the potential benefits from net metering appear to have diminished, thus Alfonso would like to change the scope of the project to include a battery system for energy storage that will help the City achieve the energy costsavings it was hoping for. Staff is recommending, by Resolution to authorize the City Manager to approve Change Order #2 to the Wastewater Plant Solar Photovoltaic Generation System Project, with AM-CE and Kuykendall Solar to revise the scope of work to include battery storage to the project. An additional $14,200 to cover the cost of the redesign and resubmittal to PG&E and the cost of storage container rental due to the delays in the project, from the Wastewater Solar Project Grant fund account. No impact to the General Fund. Oct 28, 2021 Pg. 12 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 7 of 8 After a brief, discussion the following action was taken. RESOLUTION 2021-45: APPROVING OF CHANGE ORDER #2 TO THE WASTEWATER PLANT SOLAR PROJECT AS PART OF DRINKING WATER STATE REVOLVING FUNDS GRANT PROJECT NO. C-06-8392-110, AGREEMENT NO. SWRCB0000000000D184006. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernández, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. D. Consider entering into an M.O.U. with Avenal Rotary Club for 2021 Pistachio Days Celebration Antony Lopez, City Manager stated for over a decade, the Avenal Pistachio Days Festival has been a premier event in Avenal hosted by thelocal Avenal Rotary Club. The festivals activities have included closing Kings Street to host bounce houses, food vendors, the Miss Teen Avenal pageant, concerts, religious services, fun runs, andmany more activities. Because of the COVID-19 outbreak in 2020, Pistachio Days Festival last year wascanceled. This year with the positive outlook on the fight against COVID-19, the Avenal Rotary Club ispreparing to host the 11th Pistachio Days Festival starting October 13-17, 2021.Although Pistachio Days Festival is now a staple of Avenal’s culture and a long-lasting tradition, Staff is seeking formal consent by Council to collaborate and commit resources to this event in collaborationwith Avenal Rotary. Examples of potential resources being used are City facilities (which now have a charge to non-profits), staff time to help manage certain activities, advertising the event, and city equipment. Staff has prepared a basic M.O.U. to be signed by both the City and Avenal Rotary Club to begin the process of more formally recognizing the collaboration between both the City and Avenal Rotary Club, and authorizing the waiving of fees for City facilities After a brief discussion the following action was taken. A motion was made by Councilman Gravelle Memorandum of Understanding for Use of City Facilities and Staff Time Pistachio Days Festival 2021, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Ms. Ortiz announced that the City Council meeting on November 11th falls on a holiday and would like to cancel the November meeting. Mayor Preciado suggested November 17th and the Council is in consensus for that date to be the City Council meeting. Antony Lopez, City Manager reported the following 1) staff has been working with Caltrans on a detour fixing Kings River Bridge; next year; 2) flu vaccines available update from Kings County will be given at there site 590 Skyline; 3) EV Charger can charge 2- vehicles and its solar/mobile and thanked KART; 4) Staff and Mayor Preciado attended meeting with Tulare Hispanic Chamber of Commerce building connections and networking.t and the City be a member; and 5) Avenal High School Auditorium November 5 th Town Hall Meeting for the order complaints. Moses Diaz, City Attorney reported that new legislation only applies for his state emergency urgent not a local even clear urgency. He reviewed this he thinks that the real issue is that like governor’s emergency executive orders on COVID-19 they have well a lot of the exemptions have expired because that formally declared the entire code of urgency in state of emergency. He believes that would probably still qualify for that so that's why tonight we preceded with remote participation So the answer Councilman Verdugo reported the following: 1) thanked everyone that participated at the last Flea Market very nice. Mayor Preciado reported the following: 1) attended meetings; 2) thanked everyone for attending. City Council went to Closed Session at 10:30 p.m. I said you have one yeah Oct 28, 2021 Pg. 13 Joint Meeting City Council/Successor Agency – October 14, 2021 Page 8 of 8 ADJOURNMENT: Mayor Preciado re-opened meeting at 11:35 p.m. with action to report as follows: RESOLUTION 2021-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUPPORTING AND APPROVING OFFERS TO THE EMPLOYEE DESIGNATED NEGOTIATING TEAMS NO. 1, 2, 3, & 5, AS PER REQUESTED FOR FY 2021/2022, 2022/2023, 2023/2024. A motion was made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramírez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. There being no further business the City Council meeting was adjourned at 11:50 p.m. Respectfully submitted, Maria Ortiz, City Clerk Oct 28, 2021 Pg. 14 AGENDA ITEM NO. 5. C City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 28, 2021 RE: Ratify Offers to the Employee Designated Negotiating Teams No. 1, 2, 3, & 5, As Per Requested for FY 2021/2022, 2022/2023, 2023/2024: Resolution 2021- 46. INFORMATION: On October 18, 2021, the City Council and the Employee Designated Negotiating Teams No. 1, 2, 3, & 5 reached an agreement for additional benefits for the FY 2021/2022, 2022/2023, & 2023/2024. Attached is the resolution which authorizes the City Manager to sign and execute agreements with said bargaining units for the negotiated benefits. The full resolution is being presented today in open session for ratification. RECOMMENDATION: Approve by motion Resolution 2021-46 as presented. Oct 28, 2021 Pg. 15 Oct 28, 2021 Pg. 16 Oct 28, 2021 Pg. 17 AGENDA ITEM NO. 5. – D. City of Avenal 919 Skyline Blvd Avenal, CA 93204 Phone (559) 386-5766 Fax: (559) 386-0629 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: KAO NOU YANG, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PREPARED BY: ANTONY LOPEZ, CITY MANAGER DATE: OCTOBER 28, 2021 SUBJECT: RESOLUTION AUTHORIZING SUBMITTAL OF A 2021 CAL HOME PROGRAM APPLICATION BACKGROUND A resolution of application is attached for your consideration which allows submittal of an application for up to $600,000 for First-Time Homebuyer assistance and Owner Occupied Rehabilitate, which may include accessory dwelling units’ assistance within the City limits, under the 2021 CalHome Program. The application deadline is November 22, 2021. The resolution authorizes the City Manager or Community Development Director, or his designee(s), to sign the application, the Standard Agreement, and any subsequent amendments or modification thereto, as well as any other documents required by HCD for participation in the CalHome Program. A maximum of up to $100,000 or 40% of the purchase price, which ever is less, can be provided to First- Time Homebuyers as a Homebuyer Assistance loan. A maximum of up to $125,000 can be loaned per house for owner-occupied rehabs. A maximum of up to $100,000 can be loaned per accessory dwelling unit. A major rehab currently averages over $100,000. In cases of major Rehabilitation, the City may need to combine CalHome funds with HOME or CDBG to fully fund the project. Minor rehab work, such as a new roof or other minor repairs to homes can be fully funded with CalHome. Eligible activities predominantly benefit low- and moderate-income Californians and include Housing Assistance Programs (Single-Family Homeownership Assistance, Single-Family Housing Rehabilitation, Technical Assistance for Self-Help Projects, ADU/JADU Programs, Homeownership Development loans). The city may apply for a minimum of $600,000 for two activities up to a maximum of $5,000,000 for any number of activities. RECOMMENDED ACTION By Resolution, approve the submittal of an application to the CalHome Program for up to $600,000 for First-Time Homebuyer Assistance and Owner-Occupied Rehabilitate and Accessory Dwelling Units within the City. 1 Oct 28, 2021 Pg. 18 FINANCIAL IMPACT Self-Help Enterprises (SHE) charges $2,500 to write the application which will come from the Planning Department’s Professional Services budget. If the CalHome application is successful, the activity delivery costs are paid for by the grant. However, grant administration is not covered by the grant. SHE will charge the City $12,000 to provide grant administrative services over the three-year grant term which, again, will come from the Planning Department’s Professional Services budget spread out over three years. ATTACHMENTS: 1. Resolution 2021-47 2 Oct 28, 2021 Pg. 19 RESOLUTION NO. 2021-47 THE GOVERNING BOARD OF CITY OF AVENAL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM. WHEREAS: A. The City of Avenal wishes to apply for and receive an allocation of funds through the CalHome Program; and B. The California Department of Housing and Community Development (hereinafter referred to as “HCD”) has issued a Notice of Funding Availability (“NOFA”) on September 21,2021 for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 Division 31 of the Health and Safety Cod (the “statute. Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and C. The City of Avenal wishes to submit an application to obtain from HCD an allocation of CalHome funds up to the amount of $600,000. IT IS NOW THEREFORE RESOLVED THAT: 1. The City of Avenal shall submit to HCD an application to participate in the CalHome Program in response to the NOFA issued on September 21, 2021, which will request a funding allocation for the following activities: First-Time Homebuyer Assistance for $300,000, and Owner-Occupied Rehabilitation with or without Accessory Dwelling Units Assistance for $300,000 located in the City of Avenal. 2. If the application for funding is approved, the City of Avenal hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timeliness represented in the application are enforceable through the Standard Agreement. The City of Avenal acknowledges and 3 Oct 28, 2021 Pg. 20 agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program. 3. The City of Avenal authorizes the City Manager or Community Development Director, or designees to execute in the name of the City of Avenal, the application, the Standard Agreement, and any subsequent amendments or modifications thereto, as well as ay other documents required by HCD for participation in the CalHome Program, and any amendments thereto. PASSED AND ADOPTED this 28th Day of October, 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: The undersigned City Clerk of the City of Avenal there before named does hereby attest and certify that the foregoing is a true and full copy of a resolution of the City Council adopted at a duly convened meeting on the date above-mentioned, which has not been altered, amended, or repealed. __________________________ ______________________ Maria A. Ortiz, City Clerk Date 4 Oct 28, 2021 Pg. 21 AGENDA ITEM NO. 5. E City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 25, 2021 RE: Consider Certificate of Acceptance for Dedication of Easements INFORMATION: The developers of Avenal Track 2020-01, Avenal Developers, LLC., Aquired easements for the sewer line for the new housing development. The easements were aquired from the owners of APN 040-291- 06,07 Zhen Li, Keen Wei, Jinsong Gue with an undivided 1/3 interest each. APN 038-260-56,57 Donald H. and Shirley J. Morris, husband and wife as community property. APN 038-290-01 Hewitson Farms, a California general partnership. RECOMMENDATION: 1. By Motion to accept the Easement Grants 2. Authorize the Mayor to sign the Certificate of Acceptance for each easement 3. Authorize City Staff to record said easements FISCAL IMPACT: There is no fiscal impact. “Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” Oct 28, 2021 Pg. 22 Oct 28, 2021 Pg. 23 Oct 28, 2021 Pg. 24 Oct 28, 2021 Pg. 25 Oct 28, 2021 Pg. 26 Oct 28, 2021 Pg. 27 Oct 28, 2021 Pg. 28 Oct 28, 2021 Pg. 29 Oct 28, 2021 Pg. 30 Oct 28, 2021 Pg. 31 Oct 28, 2021 Pg. 32 Oct 28, 2021 Pg. 33 Oct 28, 2021 Pg. 34 Oct 28, 2021 Pg. 35 CERTIFICATE OF ACCEPTANCE (Government Code§ 27281) This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CITY OF AVENAL, a California municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the CITY OF AVENAL pursuant to authority conferred by resolution or action of the governing body thereof approved on (date:) and the CITY OF AVENAL as grantee consents to recordation thereof by its duly authorized officer. CITY OF AVENAL DATE_____________ Alvaro Preciado, Mayor Oct 28, 2021 Pg. 36 EASEMENT GRANT DEED Page 4 Oct 28, 2021 Pg. 37 AGENDA ITEM NO. 6. A City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 28, 2021 RE: Consider One (1) Appointment for Vacant Planning Commission Seat INFORMATION: At the April 8, 2021, City Council Meeting, Lulu Carrizales was appointed to fill a vacancy in the Planning Commission. Recently, Lulu has moved away from Avenal making her ineligible to serve on the Planning Commission. Staff has advertised the vacancy and to date has received one new application, from Ricardo J. Reyna Jr. Please see the application attached. Although the Planning Commission has not been very active in the last year, with no new CUP applications and staff working to familiarize and update the Zoning Ordinance, the next meeting is planned for November 1, 2021. This appointment can be filled by Mayor Preciado if he so chooses. RECOMMENDATION: Discussion and appointment an individual to serve on the Avenal Planning Commission. Oct 28, 2021 Pg. 38 Oct 28, 2021 Pg. 39 AGENDA ITEM NO. 7. – A 1 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Humberto Bermudez, IT Manager DATE: October 22nd, 2021 RE: Information Technology Monthly Report October 2021 INFORMATION: On September 9th, the City of Avenal City Council approved the reclassification of the Theater/Event Coordinator position into the IT Manager for the IT Department. Over the course of two months, duties and responsibilities have shifted to assisting Administration, the City Clerk, and City Manager in managing backend services used within City Hall while continuing to support all of City Staff with tech support, advice, and recommendations. Since the reclassification, the department has researched and purchased much of the necessary equipment to become self-sufficient in our own networking needs, purchased a solution to assist our City Clerk in agenda creation, management, and deployment in which implementation training will begin next week at the time of reporting, auditing our printers and laptops as equipment has shifted around amidst work from home orders toward the beginning of COVID, refurbishing 11 of the aging laptops we currently have with an SSD swap, and transitioning to newer Lenovo laptops for the tech center with 12 in hand. CURRENT PROJECTS: Continuing the efforts of our previous and current Administrative Directors, Staff is currently working with AT&T, ShoreTel, Avaya, and Kings County IT to continue repairing our landline phone system. The challenges we currently face is related to a misrouting error between Avaya and ShoreTel which prevent City Hall (Avaya) from calling other facilities (running ShoreTel) successfully. At the time of reporting, the email migration process is running into delays due to an IMAP server shift our previous email domain, GoDaddy (.com), provided for us. They hosted their own email server until mid-2018 in which they migrated over to a branch of Microsoft 365 for their hosting. Working out these issues, migration is smoothing out, old emails are being phased out by the end user, emails received to the old address will be redirected to the new address, and autoreplies will be sent letting anyone trying to contact the old email that it will be retired by 2022. Avenal City Council approved the purchase of CivicClerk on October 14th as part of an effort for the City of Avenal to go paperless internally. As Staff works through the implementation process, a request to purchase of 5 tablet computers will be brought to the Avenal City Council when the feature is available. The server purchased from Colfax is still on hold as the global silicon shortage continues to affect processor supply. Networking equipment purchases are on hold until the phone situation is sorted as a change now will interrupt any routing done to the county, delaying the process further. “Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” Oct 28, 2021 Pg. 40 AGENDA ITEM NO. 7. – A 1 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 Staff continues to provide tech support across all facilities. “Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” Oct 28, 2021 Pg. 41 COMMUNITY ACTIVITIES DEPARTMENT REPORT OCTOBER 28TH, 2021 September * Outreach to county Homeless Connections * Met with Adventist Health and Lupe Chavez, Code Enforcement to share ideas on vaccination clinic * Picked up Senior Meals on Tuesday’s and distributed * Assisted CHP with paperwork for Car Seat Safety Drive – Thru * Flea Market * 9 – 11 Tribute * Distributed Suicide Prevention flyers * Picked up food from KCAO distribution and distributed it to the Seniors * Cleaning and Inventorying Facilities and C-Trains * Continue to work with county organizations * Ordered new treadmills October Completed • Final Flea Market • Pistachio Festival • Continue working with county organizations • Staff meeting to discuss joint facility with RSUSD • Outreach to Wonderful Health and Wellness coordinator to get assistance for two displaced people • Set up Ofrenda Table for Community at the downtown bandstand • Assisted ASP connect with vendors • Met with Larry Todd • Worked with Pablo and the county to organize a Senior focus group Upcoming – October, November, and December 1) Day of the Family Trunk ‘r Treat – Oct. 30th from 3:00 – 5:00 pm in the AHS Parking Lot 2) Día de los Muertos – November 1st 200 block of Kings Street. 1 Oct 28, 2021 Pg. 42 3) November 25th – Community Thanksgiving Meal Drive-Thru 4) Feed the Homeless and provide care packages – Staff will assist Pablo with what he needs 5) December 4th – Christmas Tree Lighting 6) Schedule a workday with Pablo to sand, stain, and put epoxy on serving tables at Veteran’s Hall. Moving Forward • Order maintenance equipment to upkeep facilities • Strip out old restrooms at park and add shelving to store bounce houses and carnival games and equipment • Convert Senior Supply room into equipment storage area • Reconnect with WHC to offer some sprots camps Community Garden • Need to meet with Councilmen Hernandez/Gravelle and City Manager to discuss moving forward • Staff reached out to the prison, and they need a list of our needs. Once they get it, they can determine what they can help with Facility Rentals/Usage • See Anna’s report attached 2 Oct 28, 2021 Pg. 43 Facility Rentals September & October 2021 Month of September 2021 Recreation Center – City (Tech) No Fee Theater – APD No Fee Theater - Pistachio Festival Committee No Fee Pavilion Rice Park – 1 Paid Rental Sports Complex Pavilion – 2 Paid Rental **************************************************** Month of October 2021 Tech Center – West Hills College No Fee & City No Fee Recreation Center – 2 Paid Rentals Veterans Hall- 1 Paid Rental & 1 Pistachio Festival – No Fee Theater – APD, Pistachio Festival Committee – No Fee Pavilion Rice Park – 1 Paid Rental **************************************************** Program / Class Building use Veterans Hall Community Open Space- Monday-Friday 10am-2pm Fit to Succeed Mondays, Wednesday & Fridays 8:30-9:30 Zumba Mondays, Wednesday & Fridays 7:15-8:15 Karate Tuesday & Thursdays 5:45pm-9:00pm Oct 28, 2021 Pg. 44 Oct 28, 2021 Pg. 45 Oct 28, 2021 Pg. 46 AGENDA ITEM NO. 9. A City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 28, 2021 RE: Consider Extending Local Emergency Declaration (COVID-19) INFORMATION: 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. COVID-19 continues posing a threat to public safety and thus staff remains on alert to respond to new developments. awaits expanded eligibility for the vaccine to younger children before helping and push another large scale vaccination event. At this time, staff is recommending the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. RECOMMENDATION: Discussion/Action. FISCAL IMPACT: None. Oct 28, 2021 Pg. 47 AGENDA ITEM NO. 9. B City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 28, 2021 RE: Consider Extending Local Emergency Declaration (Water) INFORMATION: On May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. On July 20th, 2021, USBR informed City Staff that additional water for Public Health & Safety needs would be conditionally allocated, in the amount of 2,480 acre feet to the City of Avenal. This amount equates to the City’s historic use for the past five years and should be adequate to meet the City’s needs for this water year – provided that conservation measures are still enforced. Given that this allocation is conditional and subject to change, staff will continue monitoring the situation in hopes that this new allocation is not reduced. As the season is changing to Fall, Staff has begun internal discussions on long-term changes to reduce the City’s dependability on USBR water for future sustainability. To date, the City has utilized roughly 1,480 ac ft of water. Staff is recommending the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. RECOMMENDATION: Discussion/Action. FISCAL IMPACT: None. Oct 28, 2021 Pg. 48 United States Department of the Interior BUREAU OF RECLAMATION 2800 Cottage Way Sacramento, CA 95825-1898 CGB-100 2.2.4.23 VIA ELECTRONIC MAIL Board of Directors City of Avenal 919 Skyline Boulevard Avenal, CA 93204 avenalcm@cityofavenal.com Subject: Notice of Shortage Provisions Under Contract and Reclamation’s Municipal & Industrial (M&I) Water Shortage Policy Dear Board of Directors: During the 2021 contract year, Reclamation implemented its M&I Water Shortage Policy due to the dry hydrologic conditions. Reclamation recognizes the difficulties our contractors faced this contract year. As we begin the 2022 Water Year, Reclamation, along with our federal and state agency partners, are preparing for the continuation of drought conditions. These planning efforts will help us all better manage the limited water resources in the event conditions remain dry. During the September 21, 2021, Water Board meeting, Department of Water Resources (DWR) Director Ms. Karla Nemeth and I outlined a focused set of shared priorities if drought conditions persist. These included water for public health and safety with a focus on domestic use, maintaining water quality in the San Joaquin/Sacramento River Delta (the source of drinking water for many communities), water for the protection of species to meet our environmental requirements, conservation of storage to meet future crucial needs, and water to meet our water settlement and exchange contractors’ obligations and refuges. In order to meet the water needs for California, planning efforts must start now so we are all prepared in the event of a persistent drought. Both Federal and State water storage reservoirs are starting the Water Year near historic lows. Reclamation and DWR were able to avoid hitting even lower levels thanks in large part to the collective efforts of operators, the Water Board, and our contractor’s conservation efforts. If the dry hydrologic conditions we experienced in 2021 persist into 2022, Reclamation and DWR find it increasingly difficult if not impossible to meet all the competing needs of the Projects without beginning the implementation of additional more severe water conservation actions. In accordance with the M&I Water Shortage Policy, each year you are asked to provide specific information such that your public health and safety numbers can be calculated using the standard calculation outlined in the Central Valley Project Municipal and Industrial Water Shortage Policy Guidelines and Procedures located at www.usbr.gov/mp/cvp/mandi.html. This policy Oct 28, 2021 Pg. 49 also includes provisions for the reduction of M&I Water made available under your contract. To begin our collective preparations for 2022, please review this policy and begin planning for potentially extremely limited water supply conditions. While we remain committed to providing water for public health and safety needs with a focus on domestic use, it remains possible that Central Valley Project (CVP) water supplies may be insufficient even to meet those needs. Reclamation will closely monitor developing hydrologic conditions and provide regular updates and communications in the coming months to share the best available data. Reclamation looks forward to close communication and coordination should the drought continue in order to most effectively operate the CVP. If you have any questions or comments regarding this letter or regarding Reclamation’s M&I Water Shortage policy, please contract Regional Resources Manager Adam Nickels at (916) 978-5401 or anickels@usbr.gov. Sincerely, Ernest A. Conant Regional Director Oct 28, 2021 Pg. 50 AGENDA ITEM NO. 10. A City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 28, 2021 RE: Consider Adopting Resolution 2021-48 to satisfy AB 361 and Continue Teleconferenced Meetings INFORMATION: On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. On September 16th Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. As the Delta variant has surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: Oct 28, 2021 Pg. 51 AGENDA ITEM NO. 10. A City of Avenal 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules: • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. RECOMMENDATION: Adopt Resolution 2021-48 to satisfy AB 361 and Continue Teleconferenced Meetings FISCAL IMPACT: None. Oct 28, 2021 Pg. 52 BEFORE THE CITY COUNCIL OF THE CITY OF AVENAL IN THE MATTER OF: A RESOLUTION OF THE CITY COUNCIL RESOLUTION 2021-_48__ OF THE CITY OF AVENAL FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY DUE TO IMMINENT RISK TO HEALTH AND SAFETY OF IN PERSON MEETINGS AS A RESULT OF THE CONTINIUING COVID-19 PANDEMIC; AND AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF AVENAL FOR A 30 DAY PERIOD BEGINNING OCTOBER 14, 2021 PURSUANT TO AB 361 WHEREAS, the Avenal Municipal Code, Title 4, Chapter 2, Section 4-2.05, empowers the City of Avenal to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public emergency, subject to approval by the City Council; and WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic; and, WHEREAS, the proclaimed state of emergency remains in effect; and, WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N- 29-20 that suspended the teleconferencing rules set forth in the California Open Meeting law, Government code Section 54950 et seq. (the “Brown Act”), provided certain requirements were met and followed; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21 that clarified the suspension of the teleconferencing rules set forth in the Brown Act, and further provided that those provisions would remain suspended through September 30, 2021; and, WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 that provides that a legislative body subject to the Brown Act may continue to meet without fully complying with the teleconferencing rules in the Brown Act provided the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees, and 1 of 3 Oct 28, 2021 Pg. 53 further requires that certain findings be made by the legislative body every thirty (30) days; and, WHEREAS, California Department of Public Health (“CDPH”) and the federal Centers for Disease Control and Prevention (“CDC”) caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and, WHEREAS, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases; and, WHEREAS, due to the seriousness of the current pandemic situation, the CDPH has required that all unvaccinated persons wear facial coverings indoors, and the CDC and CDPH recommend that all persons, regardless of vaccination status, wear facial coverings indoors; and, WHEREAS, the City of Avenal has an important governmental interest in protecting the health, safety and welfare of those who participate in meetings of the City’s various legislative bodies subject to the Brown Act; and, WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Council deems it necessary to find that meeting in person for meetings of all Council related legislative bodies as well as subcommittees of the City subject to the Ralph M. Brown Act, would present imminent risks to the health or safety of attendees, and thus intends to invoke the provisions of AB 361 related to teleconferencing as provided in subdivision (e) of Government Code section 54953; and WHEREAS, all teleconferenced meetings of the City Council, as well as all subcommittees of the City Council shall comply with the requirements to provide the public with access to meetings as prescribed in paragraph (2) of subdivision (e) of Government Code section 54953; UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON October 28, 2021, BY THE FOLLOWING VOTE: AYES: NOES: ABSTAIN: ABSENT: 2 of 3 Oct 28, 2021 Pg. 54 ATTEST: Alvaro Preciado, Mayor MARIA A. ORTIZ, City Clerk CITY OF AVENAL CITY OF AVENAL ****************** NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL: 1. Found the foregoing recitals to be true, correct and incorporated herein; 2. The City Council has considered the circumstances of the Governor's proclaimed state of emergency pertaining to the COVID-19 pandemic; 3. The Governor's emergency proclamation continues and the State currently mandates face- coverings for all unvaccinated individuals in indoor public places such as meetings and local government offices; 4. The Council continues to recommend social distancing for gatherings which are indoors, especially for unvaccinated individuals and others at higher risk; 5. The City Council of the City of Avenal and it’s other legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public; 6. Staff is directed to return to the City Council no later than thirty (30) days after the adoption of this resolution, or by the next Council meeting (whichever comes first), with an item for the Council to consider making the findings required by AB 361 in order to continue meeting under its provisions. 7. Said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Avenal, County of Kings, State of California; 8. The Director of Emergency Services, and the City Manager, are hereby authorized and directed to consult and work cooperatively with County, Regional, State and Federal Officials and any other agency (or agencies) as needed in order to mitigate the reduction and/or any other conditions which are associated to and/or affected by this local emergency. ****************** 3 of 3 Oct 28, 2021 Pg. 55 AGENDA ITEM NO. 10.- B 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council FROM: Antony V. López, City Manager DATE: October 28, 2021 RE: Consider Joining Tulare Kings Hispanic Chamber of Commerce INFORMATION: As one of the Council Goals for 2021-2022, helping establish a local chamber of commerce/business association has been a priority for quite some time. Amid the COVID-19 pandemic, holding meetings and discussing with business owners how to best organize and help them has not been easy. Staff has sporadically met with a few local business owners to gauge their interest in a chamber or business association, and the interest definitely there, but time constraints for such a commitment from a local business owner seems to be a common roadblock. Alternatively, staff and some Council members have reached out to nearby chambers for guidance in helping our local businesses. On October 12, Staff and the Mayor were able to meet with Gil Jaramillo and Carlos Mendoza of the Tulare Kings Hispanic Chamber of Commerce (TKHCC) to discuss how the TKHCC can help Avenal businesses. After discussing the unique circumstances and opportunities Avenal faces, both Gil and Carlos seem excited to help the local business community start their own chamber first, and then over time that chamber/association could potentially join the TKHCC once formally established. The THKCC has ideas to hold workshops in Avenal and invite the local businesses to their events throughout Kings and Tulare to meet other entrepreneurs to help network and collaborate with each other. Likewise, the TKHCC is willing to help be sponsors to our local events and potentially host a networking event here In Avenal as well to increase the exposure of the community. The TKHCC is willing to begin this work with our community now but does ask that the City consider joining as a Non-Profit Agency member to help formalize the relationship and collaborations that are to follow. RECOMMENDATION: Staff is recommending, by motion, authorize the City Manager to fill out and submit the membership application on behalf of the City of Avenal to the Tulare Kings Hispanic Chamber of Commerce as a Non-Profit Agency (26+ Employees). FISCAL IMPACT: One year of membership as a Non-Profit Agency (26+ Employees) will cost $250, to be paid from Fund 10.0100.672 Memberships. “Pistachio Capital of the World” Oct 28, 2021 “Oasis in the Sun – Gateway to the Coast” Pg. 56 Oct 28, 2021 Pg. 57 Oct 28, 2021 Pg. 58 Oct 28, 2021 Pg. 59 Oct 28, 2021 Pg. 60

Get email alerts for Avenal

A daily email when new agendas and minutes are posted.

Report an issue with this meeting