City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, DECEMBER 9, 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 CALL TO ORDER: at 5:20 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. Mayor Preciado appointed Griselda Price as City Clerk. Also, added an emergency item Certificate of Acceptance for Irrevocable of Dedication time sensitive will be added to New Business 10. E. The City Council was in consensus to approve emergency item. Roll Call Vote: AYES: Gravelle, Verdugo, Ramírez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, MayorPro Tem Alejandro Ramirez; Mayor Alvaro Preciado ABSENT: Councilman Pablo Hernandez. STAFF: Lopez, Price, Bermudez, Davis, Yang, Stivers. LEGAL COUNSEL: Moses Diaz. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, MayorPro 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 amember of Successor. Agency. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: at 5:27 p.m. There being no public comment the City Council will reopen public comment after Closed Session. The City Council went into Close Session at 5:30 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 ClosedSession. 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 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 designatedrepresentatives: Designated representatives: APOA. C. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the following positions: Title: City Manager Mayor Preciado re-opened meeting at 6:32 p.m. with no action to report. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: at 6:32 p.m. Mayor Preciado closed public comment with no comments at 6:33 p.m. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 2 of 9 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 28, 2021. B. Warrants and Financial Statements for August 2021. C. Ratify Offers to the Employee Designated Negotiating Teams No. 4, As Per Requested forFY 2021/2022, 2022/2023, 2023/2024: Resolution 2021- 49. D. Consider Premium Pay Offer to City Manager and Chief of Police: Resolution 2021-50. E. Waive Second Reading and Adopt Ordinance 2021-01 Amending Portions of The PurchasingSystem in Chapter 8 of Title 3, Pertaining to Open Market Procedures and Small Purchases. F. Consider Authorizing City Manager to Sign Documents Related to the Permitting of theAvenal Regional Landfill, for the City as Owner of the Property: Resolution 2021-51. G. Consider Ratifying Expenses for 2021 Operation Gobble Turkey/Chicken Food Distributionunder ARPA. A motion was made by Councilman/Successor Agency Member Mayor Pro Tem Ramirez to approve Consent Calendar as presented, seconded by Councilman Verdugo, and carried. RESOLUTION 2021-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL SUPPORTING AND APPROVING OFFERS TO THE EMPLOYEE DESIGN A TED NEGOTIATING TEAMS NO. 4 AS PER REQUESTED FOR FY 2021/2022, 2022/2023, 2023/2024. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried. RESOLUTION 2021-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL SUPPORTING AND APPROVING PREMIUM PAY OFFERS TO THE CITY MANAGER AND CHIEF OF POLICE POSITIONS. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried. RESOLUTION 2021-51: CONSIDER AUTHORIZING CITY MANAGER TO SIGN DOCUMENTS RELATED TO APPLICATION OR THE PERMITTING OF THE AVENAL REGIONAL LANDFILL, FOR THE CITY AS OWNER OF THE PROPERTY. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried. ORDINANCE NO. 2021-01: AN ORDINANCE OF THE CITY OF AVENAL AMENDING PORTIONS OF THE PURCHASING SYSTEM IN CHAPTER 8 OF TITLE 3, PERTAINING TO OPEN MARKET PROCEDURESAND SMALL PURCHASES. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Ramirez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider One (1) Appointment for Vacant Planning Commission Seat - Mayor Preciado: Mr. Lopez reported that at the November 17, 2021 City Council Meeting, an appointment was made to the vacant planning commissioner seat. Unfortunately, that individual informed staff that they would nolonger be able to serve on the commission due to a scheduling conflict. Staff has received another notice that Martin Ramos lives in Lemoore. There are 2-vacancies. Staff recommends table decision to a later meeting. After a brief discussion, the City Council is in consensus to table decision to a later meeting. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. B. Consider Writing a Letter to U.S. President, Joseph R. Biden, Regarding Drought Conditions,Water Allocation, and Infrastructure Needs in Avenal: Mr. Lopez reported that the memo for Letter to President Biden and draft of the letter is still being prepared by staff. The City Council would like to Mr. Lopez to complete said letter and ratify at a regular City Council meeting. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 3 of 9 A motion was made by Mayor Pro Tem Ramirez to write a Letter to U.S. President, Joseph R. Biden, Regarding Drought Conditions,Water Allocation, and Infrastructure Needs in Avenal and Mayor and City Manager could sign and ratify at regular meeting, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Ramirez, Gravelle, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. A. Discussion of legislative needs to local/state elected officials for 2022. Mr. Lopez reported that last week he did get a chance to following up as well with Senator Melissa Hurtado to schedule meeting with her Chief of Staff Elizabeth and wanted them to understand our needs are for the next coming year. This conversation goes the same for all our other elected officials County and Assemblyman Salas and Congressman. He thinks it's a good idea right now it's custom plan areas I had that you know Avenal may need help in so we can strategically work together with them. He Senator Melissa Hurtado for the $2 million. The needed are as follows: 1) the Community Center; 2) Avenal Cut off Rd; 3) Fire Services Deficit that we have which is technically $600,000 a year. City is paying $420,000 currently; 4) Create a well by the canal that could potentially use to dump water back in and increase our allocation; 5) funding for any transportation opportunities such as EV chargers; 6) Senior assistance meals; and 7) Veterans Hall remodel. He would like to open it up for the discussion to if the Council has any other suggestions or ideas. The City Council decided to bring back item at future City Council meeting. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: A. 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 & Economic Development 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, Land Division Applications and Current Planning; 2) Site Plan Reviews Zoning Permits -SPR 21-07 and SPR 21-08 under reviewand process; 3) still working on Avenal Community Sports and Recreation Center; 4) Tentative Tract Map No. 21-01 – Application submitted in by Oasis Valley LLC. This TentativeTract 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 I am in the process of reviewing the administrative draft for the IS/MND; 5) Long Range Planning: Zoning, Subdivision and Building Ordinance – Working on Awarding the RFP to the one bid we did receive; 6) Building and Zoning Permits Reorganization; 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 Link is Located on the City Website on the Home Page under the BUTTON APPLY ONLINE. We also have a QR code for the Online portal. We are slowly transition to a more digitized and electronic submissions format. If any applicant community member resident has any questions, we are happy to help answer and show you how to submit online; 8) Grants: Avenal Safe Route To School ATP Cycle 4, Avenal Kids Park; and 9) Misc.: Utilities and Mortgage Assistance Program workshop with Self Help -Dates Scheduled at the Avenal Recreation Center from 5:00 PM to 7:00PM December 15th and 29th Building For Success in Avenal – Porches and Patios & LAST WORKSHOP is December 10, 2021, from 5:00 PM to 7:00 PM. 3) IT Department Activity Report: Humberto Bermudez, IT Manager. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 4 of 9 Humberto Bermudez, IT Manager reported the following: Internet Access; 2) Phone System; 3) Server; 4) City Clerk software; and 5) Staff aided in three meetings requiring AV management; 6) Avenal Odor Investigation Update, AvenalCommunity Center Check Presentation: 7) District Office/City Civic Center Community Design hosted by Mangini & Associates. In collaboration with the Community Development Department and Wildan Group; 8) Staff hosted an instructional workshop on the proper planning procedure required for building porches and patios. Thefinal seminar will be filmed and uploaded online for future reference and convenience; 9) November 16th, the Veterans Hall experienced a 3-day internet outage which required attentionfrom an AT&T technician; 10) Staff aids the Holiday Magic event with banner printing and toy drive advertisement; and 11) Staff continues to provide tech support across all facilities. 4) Community Activities Events: Sheila Verdugo, Community Activities Supervisor Sheila Verdugo, Community Activities Supervisor reported the following: 1) December 16th – Senior Christmas Party 10am – 3:00 pm & Karate Christmas Party at 6:00 –8:00 pm; 2) December 18th – Pictures with Santa & Toy Give-A-Way at the Outdoor Bandstand 8:00 –10:00 am Burritos & Hot Chocolate $1.00 bring your own camera Toys donated by Rent-A-Toilet out of Lemoore; 3) January 15th -10:00 – 2:00 pm – Winter Flea Market at Veteran’s Hall (indoor/outdoor)*Advertising for Food/Merchandise/Resource/Business Promotors/Yard Sale/Crafters Ugly Sweater and Cookie Decorating Contests; and 4) *The Department is looking at cost to do the Train Rides and Petting Zoo to theevent. Depending on how many sponsors are willing to donate. 5) Police Department Activity Report: Rusty Stivers, Police Chief. Rusty Stivers, Police Chief reported the following: 1) 4-Investigations; 2) Officer Risk located and arrested a juvenile who was identified for entering unlocked vehicles and stealing items from the cars. Please take your valuables from your vehicles and lock your doors; 3) The same juvenile was arrested a few weeks later for an attempted burglary of a local business. Luckily, the burglar alarm when entry was attempted. The video surveillance system produced great quality pictures and the suspects were arrested ...again; 4) Officers arrested 12 DUI drivers and investigated 10 traffic collisions; and 5) Participated in the Trunk or Treat event and the Turkey giveaway! PUBLIC HEARING(s): A. None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Mr. Lopez reported that the 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. On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 to continue Teleconferenced Meetings. AB 361 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. 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. Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures. A motion was made by Councilman Verdugo to approve as recommended, seconded by Mayor Pro Tem Ramirez, and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 5 of 9 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: 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 Mayor Pro Tem Ramirez to approve as recommended, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Ramirez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. NEW BUSINESS: A. Consider Authorizing City Manager to sign Settlement Agreements to the National OpioidSettlements with Janssen and opioid Distributors (McKesson, Amerisource Bergen and Cardinal): Mr. Lopez reported that Staff and legal counsel have been contacted the state Department of Justice regarding the City joining a national settlement on opioids against distributers and the pharmaceutical companies. This is part of a national settlement that arose out of Ohio litigation brought by states and cities against the three largest pharmaceutical distributors —McKesson, Cardinal Health and Amerisource Bergen — and the opioid manufacturer Janssen (owned by Johnson & Johnson). Together, these businesses account for 85 percent of opioid sales in America. The 3,800 litigantscontended the distributors and Janssen contributed to the national opioid crisis by ignoring signsof opioid addiction and overselling opioids. The proposed settlement is $26 billion and will cover all states, counties, and cities — even those not part of the litigation. The opioid distributors will pay $21 billion over 18 years and Janssen will pay $5 billion over 7 years. He continues that California is to receive between $2.269 and $2.34 billion, which would be 9.9 percent of the total. It is the State’s responsibility to establish an intrastate allocation to distribute these funds tocities and counties, otherwise the funds will be distributed according to a default model includedin the settlement. Local governments must opt into the settlement by January 2, 2022 and City Councils or Board of Supervisors action is needed. This is not an ordinary class action in which a party is subject tothe settlement unless it affirmatively opts out. Instead, local governments must affirmatively approve the settlements. The League of Cities recommends action on this matter (attached), and a cohesive explanation of the settlements is also provided by a report from CHW Law Firm. According to the documents in the settlements, Avenal will receive 0.007% from the “AbatementFund” in both settlements. These funds are not expected until sometime after April 2022. Staff recommends by Resolution, authorizing the City Manager to execute both settlementagreements in the National Opioid Settlements with Janssen and opioid Distributors(McKesson, AmerisourceBergen and Cardinal). City Attorney Moses Diaz stated that these agreements there's a couple of different settlements like their aggregate online. Its basically waiving any rights to sue. After a brief discussion, the following action was taken. RESOLUTION 2021-52: AUTHORIZING CITY MANAGER TO SIGN SETTLEMENT AGREEMENTS TO THE NATIONALOPIOID SETTLEMENTS WITH JANSSEN AND OPIOID DISTRIBUTORS (MCKESSON, AMERISOURCEBERGEN AND CARDINAL): A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Ramirez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. B. Consider Awarding of Professional Services Agreement for the Comprehensive Zoning and Land Division Ordinance: Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 6 of 9 Ms. Yang reported that the City's current zoning ordinance is a few of decades old, and staff has been patching it through minor amendments to keep up with any new state regulations and requirements. Through these amendments, it has become apparent that some amendments are contradictory to the Adopted General Planas well as the State Regulations. In addition, a lack of staffing and resources since the adoption of the 2035General Plan has resulted in a zoning ordinance that is not reflective and sometimes inconsistent with the policies and goals of the City’s Municipal Code. She continues that on September 23, 2021, The City posted a request for proposal (AVL 2021-01) with the intent to update the City's Zoning and Land Division Ordinance. Therefore, the city had opened bids to accept proposals from qualified land use firms with expertise in zoning and land divisions to comprehensively amend and update the City's Zoning and Land Division Ordinance. On November 1, 2021, the Request for Proposal Bid had closed, and the Staff had only received one (1) bid: QK. After contacting other Land Use firms that have worked with, they City in the past, all stated thatthey did not have the capacity or staffing to take up a project for the City due to the Pandemic. Therefore, Staff has decided that to move forward and be progressive and not hinder business and economic growth. This item has been reviewed by the City Manager and Director of Administrative Services – Finance Division. Also, not exceed the amount for services estimated up to $100,000. Thisamount should be broken down by phasing and proposed deliverables. The funding for this contract is from the SB 2 Planning Grant and the Local Early Action Planning Grant awarded to the City in April 2020 and April 2021 by the California Department of Housing and Community Development. The city and the Consultant will be bound by the requirements of the grant. Staff recommends approving and authorizing the City Manager or His Designee to Award the Proposal for Comprehensive Update for the Zoning and Land Division Ordinance to QK. Inc through Resolution No.2021-53. Authorize the City Manager or his designee to Sign the Professional Service Agreement and any other supplemental document With QK Inc. RESOLUTION 2021-53: ACCEPTING Q.K. INC BID AS THE REASONABLE QUALIFIED BIDDERFOR AVL NO. 2021- 01 COMPREHENSIVE UPDATED OF ZONING AND LAND DIVISION. ORDINANCES. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. C. Consider First Reading of Adoption of ordinance implementing requirements for handling of organic waste and edible foods: Mr. Lopez reported that In 2016, Governor Brown signed into law Senate Bill (SB) 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissionsof short-lived climate pollutants (SLCP) in various sectors of California's economy. SB 1383 is the State’s most ambitious waste reduction law in the last 30 years and enacts the following targets to reduce organic waste in landfills:  Achieve a 50% reduction in the level of the statewide disposal of organic waste from the2014 level by 2020 and a 75% reduction by 2025  Recover at least 20% of currently disposed surplus food by 2025 Since landfills are the third largest producer of methane, the State’s SLCP strategy includes managing organic waste. Food scraps, green waste, paper, and cardboard are organic materials that account for a significant portion of California's overall waste stream. Increasing food wasteprevention, encouraging edible food rescue, and expanding the composting and in- vessel digestion of organic waste will reduce methane from landfill operations. In addition to setting specific emissions reduction goals, SB 1383 mandates cities and counties to:  Provide organic waste collection services to all residents and businesses  Develop and adopt an enforcement mechanism or ordinance by January 2022 • Establishan edible food recovery program  Update the City’s procurement policy to purchase recycled content paper and recycled organic waste products (e.g., compost, mulch, and renewable natural gas) at a volume of 0.08 tons/resident  Provide outreach and education for generators, haulers, facilities, edible food recoveryorganizations, and municipal departments  Plan and secure access for recycling and edible food recovery capacity  Monitor compliance and conduct enforcement  Maintain accurate compliance records Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 7 of 9 He continued that to meet the SB 1383 regulations, jurisdictions throughout the State are required to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022. The ordinance will mandate that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 regulations and subject to the jurisdiction’s authority, comply with SB 1383 regulatory requirements. It will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption. With the help of Mid Valley Disposal, the City’s waste hauler, Ordinance 2021-02 addresses the SB 1383 regulatory requirements the City needs to enforce on other entities, including requirements for generators to participate in organic waste collection programs; multi-family andbusiness owners and property managers to support organic waste disposal reduction; commercialedible food generators to recover edible food through contracts or written agreements with food recovery organizations and services; and more. It is organized into the following sections:  Requirements for Single-Family Generators  Requirements for Commercial Businesses  Waivers for Generators  Requirements for Commercial Edible Food Generators  Self-Hauler Requirements  Inspections and Investigations by City  Enforcement In addition to adopting an organic waste recycling and food recovery ordinance, SB 1383requires that the City adopt an ordinance or other enforceable mechanism that requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water Efficient Landscaping Ordinance (MWELO) as amended September 15, 2015 (“MWELO SB 1383 Baseline Requirements”). MWELO requires new construction and landscaping projects to meet water efficient landscape standards for compost and mulch application. Incorporating organic matter like compost and mulch in landscaping increases water retention and promotes productiveplant growth. Compost and mulch also provide many direct and indirect benefits when utilized inlandscaping and as a component of systems and treatments designed for carbon sequestration, erosion control, fire remediation, stormwater management, and other uses. This ordinance is required to go into effect by January 1, 2022. Mid Valley Disposal will be handling the bulk of the new requirements by this ordinance and will coordinate with the city onhelping with inspections and investigations, while the City will ultimately be responsible with enforcement and issuing penalties. Staff as worked at lengths with Mid Valley Disposal and suspects that over time, this ordinance will require amending as organics disposal goes into practice throughout California – changes will likely be needed. Staff recommends by motion, waive the first reading of Ordinance 2021-02. This ordinance will be broughtback for a second reading and adoption at the January 13, 2022 Regular City Council meeting. Adopt Resolution 2021-54 reaffirming said actions. Staff will publish a summary five days before the second reading/waiver and will publishthe summary again within 15 days after enactment. City Attorney Moses Diaz stated that public hearing does not for this ordinance but once its implement proper noticing. The other business and item D. is the identical ordinates except that that one is urgency so it will go into effect if it's approved by four or fifth majority. Mr. Lopez stated that it needs approval to be in compliance and having ordinance on the books by January 1st requirement. Also, that urgency ordinance the City Council wants to do it all in one motion and approving both the first reading on both Resolution 2021-54, Ordinances 2021-02 & Resolution 2021-55, Ordinances 2021-03. After a brief, discussion the following action was taken: RESOLUTION 2021-54 Adoption of ordinance implementing requirements for handling of organic waste and edible foods. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. ORDINANCE NO.2021-02: AN ORDINANCE OF THE CITY OF AVENAL ENACTINGREGULATIONS FOR HANDLING OF ORGANIC WASTE AND EDIBLE FOODS. A motion was made by Councilman Gravelle to waive the first reading, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 8 of 9 D. Consider First Reading of Adoption of urgency ordinance implementing requirements forhandling of organic waste and edible foods: Mr. Lopez reported that Staff, working with Legal Counsel, considered it prudent to adopt an urgency ordinance that goesinto effect before the January 1, 2022 deadline to comply with the state and CalRecycle’s requirements. Attached is the exact same ordinance as previously presented, but with urgency clause, requiring 4/5 or greater majority council approval to go into effect immediate after its adoption. Staff recommends by motion, introduce, and waive the first reading of Ordinance 2021-03. Adopt the urgencyordinance by a 4/5 or greater vote and adopt Resolution 2021-55. The City Clerk, within 15 days will certify a copy of the urgency ordinance and post a public copy at three public places within the City. RESOLUTION 2021-55: Adoption of urgency ordinance implementing requirements for handling oforganic waste and edible foods. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. ORDINANCE NO.2021-03: AN URGENCY ORDINANCE OF THE CITY OF AVENALENACTING REGULATIONS FOR HANDLING OF ORGANIC WASTE AND EDIBLE FOODS. A motion was made by Councilman Gravelle to waive the first reading, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. E. Emergency Item - Consider Certificate of Acceptance for Irrevocable of Dedication (IOD). Mr. Davis reported that this emergency item is Certificate of Acceptance for Irrevocable of Dedication. NNNG21 LLC, a California limited liability company is making an Irrevocable offer of Dedication state property assessors parcel number 040-301-026 for the purpose of a public roadway dedication is taken in fee by the city as Caltrans has changed their process for IOD. Staff recommends by motion to accept Acceptance for Irrevocable of Dedication and authorize the City Clerk to sign said Certificate of Acceptance for Irrevocable of Dedication. A motion was made by Councilman Gravelle to Certificate of Acceptance for Irrevocable of Dedication and authorize the City Clerk to sign said Certificate of Acceptance for Irrevocable of Dedication, seconded by Mayor Pro Tem Ramirez, and carried. Roll Call Vote: AYES: Gravelle, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Attorney Moses Diaz stated the following: 1) everyone has happy holidays. Antony Lopez, City Manager stated the following: 1) Public Works has to openings for landscaper and public works maintenance; 2) vaccination December 10th Avenal High School parking lot at 11AM- 7:00 PM for ages 5 and 11 and boosters; 3) Mid Valley Christmas luncheon: 11:30 at Harris Ranch; 4) He met with Hanford for the Grand Jury; 5) Toy drive on Saturday hosted by Ruby Salas and sponsors are Aria wonderful on Saturday December 11th 2:30 PM first come first serve; 6) Staff did not get awarded the prop 68 grant; 7) Council invited to Safety meeting and Christmas luncheon December 17th at 12:00 PM at the Veteran Hall; 8) working on a year end report through the whole city of everything that we've done how things have been going probably working on that over the holidays to present that to council at the next meeting; 9) we will do a mid year budget; 10) start working on budgeting for next year as well probably have workshop so we can talk about priorities;11) Congratulate Fernando Santillan for being appointed as City Manager for the City of Selma and really proud of him and he worked here with us for 5-6 years. His glad to see him move up and big Congrats; 11) he did inform council staff sent our condolences to City of Huron for their City Manager passed away and were here to help; 12) He mention Mayor Leon want to chat regarding Green Workforce Development Program; and 12) Merry Christmas & Happy New Year. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 9 of 9 Councilman Verdugo reported the following: 1) thanked staff and Rotary for everything all the effort on the tree. Mayor Preciado reported the following: 1) attended meeting/City events and thanked everyone who participated Juan Carlos Contreras & Gallery; and 2) Thank everyone all staff all they do and happy holidays. The City Council went into Closed Session at 9:07 p.m. ADJOURNMENT: Mayor Preciado reopened meeting at 11:00 p.m. with the following: the City Council came to an agreement to sign an amendment with APOA and waiting for acceptance. There being no further business the City Council meeting was adjourned at 11:02 p.m. Respectfully submitted, Maria Ortiz, City Clerk