City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, DECEMBER 27, 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 5:20 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Councilman Pablo Hernandez MayorPro Tem Alejandro Ramirez; Mayor Alvaro Preciado ABSENT: None. STAFF: Lopez, Price, Bermudez, Davis, Yang, 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 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. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED: Mayor Preciado closed public comment with no comments at 6:33 p.m. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Ratify a Resolution of the City Council of the City of Avenal Establishing Two AdditionalEmployment Positions within Avenal Police Department and Two Additional EmploymentPositions within City Hall: Resolution 2022-06. A motion was made by Councilman/Successor Agency Member Verdugo to approve Consent Calendar as presented, seconded by Councilman Gravelle, and carried. Resolution 2022-06Establishment of Two Additional Employment Positions within Avenal Police Department and Two AdditionalEmployment Positions within City Hall. A motion was made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 2 of 5 Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, 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: Mr. Lopez reported that at the November 17, 2021 City Council Meeting, an appointment was made to the vacant planning commissioner seat. Since conducting the interviews, it appears that Mayor Preciado would like to appoint AmadoCervantes to serve on the Planning Commission. After a brief discussion, Mayor Preciado appointed Amado Cervantes. Staff will notify Mr. Cervantes of his appointment to the Planning Commission. B. Consider One (1) Appointment for Vacant Planning Commission Seat – Mayor Pro Tem Ramirez: Mr. Lopez reported that At the December 6, 2021 Planning Commission Meeting, staff was informed by Commissioner Martin Ramos that he would no longer be able to serve on the Planning Commission as his primary residence is no longer in Avenal. Since then, staff received three applications, and worked with Mayor Pro Tem to interview anddiscuss an appointment from the application pool. Since conducting the interviews, it appears that Mayor Pro Tem Ramirez would like to appointTyler Naranjo to serve on the Planning Commission. Mayor Pro Tem Ramirez appointed Tyler Naranjo. Staff will notify Mr. Cervantes of his appointment to the Planning Commission ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: A. Activity Reports: 1) 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 21-09 under reviewand process; 3) still working on Avenal Community Sports and Recreation Center; 4) Tentative Tract Map No. 21-01; 5) Long Range Planning: Zoning, Subdivision and Building Ordinance; 6) Building and Zoning Permit Applications; 7) Grants Avenal Safe Route to School ATP & Avenal Kids Park; 8) Misc.: Utilities and Mortgage Assistance Program workshop: at the Avenal Recreation Center from 5:00 PM to 7:00PM – January 19, 2022, February 16, 2022, March 16, 2022, April 20, 2022, May 18, 2022 & June 15, 2022. 2) Avenal Police Department Activity Report: Russell Stivers, Chief of Police. Russell Stivers, Chief of Police reported the following: 5-investigations; and 2) a few of the Pal boxers have qualified for a national tournament in Missouri in early February and we are very proud of our boxers and volunteers’ coaches and their success. B. Special Presentations/Reports: 1) Holiday Magic Contests Winners: Sheila Verdugo - Community Activities Supervisor Home Decoration Contest Winner: Diaz Family Best Nativity Scene: Reyes Family Christmas Tree Decoration Contest Winner – Avenal Assembly of God Sheila Verdugo - Community Activities Supervisor presented awards to all the winners and thanked them for their participation. 2) Kings Regional Vision presentation: Kendall Flint- Consultant for Kings CountyAssociation of Governments; Terri King – Executive Director, Kings County Association of Governments. Kendall Flint- Consultant for Kings CountyAssociation of Governments; Terri King – Executive Director, Kings County Association of Governments reported the following: 1) who is KCAG and what do we do; 2) What is Kings Reginal Vision and 3) Upcoming workshops February 8,2020 & February 9, 2020 – Register at www.kingsreginalvision.com Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 3 of 5 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 Gravelle to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Extending Local Emergency Declared on May 27, 2021: 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 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. NEW BUSINESS: A. Consider Adopting By-Laws for the Avenal Planning Commission: Resolution 2022-07 Kao Nou Yang, Director of Community and Economic Development reported that The Planning Commission is a body of citizens appointed by the City Council to serve as an advisory and authority decision maker on issues and polices relating to planning, land use regulation and community development. California Planning and Zoning Law allows cities and counties to establish planning commissions and provide for planning, subdivision, and land use regulation. A City Council choosing not to establish a Planning Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 4 of 5 Commission would serve as the Planning Commission instead. Each city or countyestablishing a Planning Commission shall pass an ordinance that defines its duties and scope, and which may identify the number of members, their qualifications, how vacancies are filled, the frequency of regularmeetings, who serves as their staff, and general operating procedures. She continued that pursuant to Ordinance No. 80-6 passed and adopted on March 27, 1980, by the City Council of the City ofAvenal, the City establish a Planning Commission under Title 2, Chapter 3 Article I of the Code of Ordinance. An Amendment to Title 2, Chapter 3 Article 1 was passed and adopted on February 17, 1994, to add additional language to appointments, clarify terms of office and create a standing meeting schedulefor the Commission. The City Council of the City of Avenal established the Planning Commission and granted to its responsibilities in the area of land use, redevelopment issues and planning permit decisions. The intent of these by-laws is to assist and be used by the Planning Commission in performing its duties and conductingits meetings. Failure to adhere strictly to a provision of the by-laws shall not in of itself invalidate any actionof the Planning Commission or the City Council, nor shall it constitute a violation of law or procedures norprovide a basis for any claim or cause of action against the City. If a conflict arises between these by-lawsand the Municipal Code, the Municipal Code shall take precedent. This item has been reviewed by the City Manager and Director of Community &Economic Development. Staff recommends considering adopting Resolution No. 2022-07 establishing By-Laws for the City Planning Commission. After a brief discussion, the following action was taken. RESOLUTION 2022-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ADOPTING BY-LAWS FOR THE PLANNING COMMISSION. A motion was made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Authorizing City Manager to Sign Letter of Commitment to GFO-21-303 - Vehicle-to-Building Technologies for Resilient Backup Power Research Project: Resolution 2022-08 After a brief discussion, the following action was taken. Mr. Lopez reported that Staff was recently contacted by its partners at QuEST Inc. (Quantum Energy Services & Technologies), researchers who often partner with UC Berkeley to find solutions that promote energy efficiency and help create energy independence through research. Throughout 2018-2019,QuEST worked with City Staff to upgrade and monitor electrical and gas usage at several buildings (Veterans Hall; Avenal Theater & Event Center; Recreation Center; Animal Shelter; &Public Works Corporation Yard) through specialized equipment and upgraded the thermostats to Wi-Fi enabled devices that support remote scheduling. QuEST’s worked alongside researched at UC Berkeley to device schedules and methods to reduce energy costs at City buildings and provide tips for future upgrades. Overall, there were modest energy efficiency gains which resulted in big energy cost savings for the City. He continues that today; QuEST is approaching the City again for another potential research project from the California Energy Commission’s grant opportunity: GFO-21-303 - Vehicle-to-Building Technologies for Resilient Backup Power (Attachment A). QuEST’s proposal’s focuses on anidea of Vehicle to Building (V2B), using electric vehicle batteries to provide backup power to community buildings and grid support (Attachment B). To participate, QuEST is requesting a letter of commitment that they can include in theapplication, and in return, they have committed that: “…through this research project to provide 1-3 EV chargers, the required electrical infrastructure upgrades, likely a battery for storage, and up to $18,000 to support stafftime on the project (e.g. providing building access and participating in other research activities.” Staff recommends approving Resolution 2022-08, authorizing the City Manager to sign a letter of commitment to QuEST Inc.’s application to the GFO- 21-303 - Vehicle-to-Building Technologies for Resilient Backup Power grant. RESOLUTION 2023-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGERTO SIGN LETTER OF COMMITMENT TO GFO-21-303 - VEHICLE-TO- BUILDING TECHNOLOGIES FOR RESILIENT BACKUP POWER RESEARCH PROJECTA. motion was made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. Joint City Council/Successor Agency/PFA Meeting - December 9, 2021. Page 5 of 5 NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager stated the following: 1) continuing the partnership with School District; 2) will be sending out a survey for community; 3) City Manager Lopez, will attending City Manager conference Monterey Feb.2-5, 2022; 4) Angie will be back next Tuesday. Councilman Gravelle reported the following: 1) item regarding chickens; 2) KART in charge station if someone can install a sign does not unplug cars that using the charging station. Staff will get clarification. Councilman Verdugo has concerns regarding the mainlines and need help. Mayor Preciado reported the following: 1) attended meeting & Thanked City Staff and community stay safe from covid. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:49 p.m. Respectfully submitted, Maria Ortiz, City Clerk