City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, FEBRUARY 24, 2022; 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 5:21 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Louis Gravelle; Councilman Ricardo Verdugo; Mayor Pro Tem Alejandro Ramirez Mayor Alvaro Preciado, attended via zoom, Councilman Pablo Hernandez ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Yang, Carr, Davis. 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. Mayor Preciado opened public time to comment on Closed Session items and no public comment were offered. The City Council went into Close Session at 5:23 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: 2. 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. Also, noted was Antony Lopez, City Manager was excused form Close Session and joined when meeting was re-opened. Mayor Preciado re-opened the City Council meeting at 6:57 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Ted Woelk, Chaplain for Avenal Police Department, stated that want to thank the City Council for the work they do and for hearing him out this evening. It's been his privilege to be a Chaplain at the Avenal Police Department for a few years and his role as Chaplain is to give encouragement to officers and staff which make us just simply dropping by saying “hello”. Also, counseling once in awhile for the community whatever is necessary and including if there's a case of unfortunate death or child in endangerment. He and his wife are involved and are extremely thankful to be a small part of that team. He knows the job of law enforcement at the best of times is extremely difficult and stressful. He thinks that very few of us has ever experienced the tension of working a job whose role is literally the dividing line between the rule of law and anarchy and are willing to put their lives at risk for the public safety and security of sometimes apathetic and at times downright resentful public. These past years have been particularly stressful for a Police Department because of COVID protocols forcing officers to do overtime. Also, the negative coverage of law enforcement in new social media Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 2 of 6 which he cannot overstate is devastating blow to the morale of police officers everywhere. His thankful for Chief Stivers and Avenal Police Department who performed adamantly well in Avenal in this difficult time. He continues that he has complete confidence in our Police to keep his family safe since the Avenal Police Department started twelve years ago. His raised a family here in your thankful for This is to keep us safe by hiring qualify for the job but desire to pursue excellence in their chosen field of law enforcement he remembers back when a Chief Amoroso “considers law enforcement being calling not just the career officers are family not just coworkers” that being said. He knows this you get what you pay for, and we've trained lots of excellent officers, but unfortunately, they have advanced their careers elsewhere. He understands there's budget restraints, but again number one role Government is keeping its citizens safe at any cost. Also, the accountability from the Avenal Police Department he thinks it's fair that in the same way that the City demonstrate accountability of the handling of internal affairs regarding hiring promoting with the departments this needs to be done with absolute honesty and transparency or else it's unfair to everybody involved. He has to say regarding Consent Calendar Item C. in the goal post after the game was started looks bad and he fear it will invite suspicion lead to mistrust and damage the morale of the department. He thanked the Council for what they do and appreciates their consideration. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Consider City of Avenal/Successor Agency’s Approval of Minutes for February 10, 2022. B. Consideration to Approve Resolution Which Authorizes Police Chief to Sign a Memorandumof Understanding (M.O.U.) with Flock Group, Inc. for Data Sharing: Resolution 2022-12. D. Consider a Resolution of the City Council of the City of Avenal Adopting/Approving Amendment #1 to Memorandum of Understanding (MOU) 2021-2024 with the Avenal PoliceOfficer’s Association (APOA): Resolution 2022-13. The City Council was in consensus to move item C after Consent Calendar to discuss. 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 2022-12: AUTHORIZING THE CHIEF OF POLICE TO SIGN MEMORANDUM OF UNDERSTANDING WITH FLOCK GROUP INC. A motion made by Mayor Pro Tem Ramirez, Seconded by Councilman Verdugo, and carried. RESOLUTION 2022-13: Adopting/Approving Amendment #1 to Memorandum of Understanding (MOU) 2021- 2024 with the Avenal Police Officer’s Association (APOA). A motion made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Ramirez, Verdugo, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Approving Amended Job Description for Employment Position - Police Captain -within the Avenal Police Department: Resolution 2022-14. Antony Lopez, City Manager reported that Police Department -with the recent announcement of Chief Stiver’s pending retirement, scheduled for April 4, 2022, the Police Department currently does not have an Assistant Chief who can assume the responsibilities of Acting Chief of Police in the interim while the search for a new Chief of Police is conducted. Staff has noted that the current jobs market for high level and experienced administrators for local governments is very competitive – added theCity’s location in the Central Valley where most qualified applicants are from out of the area and would have tomove closer and expect a high comparative salary, may mean the Chief position will be vacant for a few months. If a new Chief is not selected and appointed by the time of Chief Stiver’s retirement date, Councildirected Staff to prepare potential contingencies. Thus, on January 20, 2022, per Resolution 2022-06, the City created two new employment positions within the Avenal Police Department and adopted a job description and classification for two Police Captains. Given the size and complex needs of the Police Department, Staff recommended the creation of two Captain positions who could equally handle separate duties and assist the Chief in running the day-to-day operations of the Department. In the Chief’s absence, both Captains would share the duties of Acting Chief of Police. This structure would provide for more accountability and ensure coverage for this important City service. Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 3 of 6 He continues that due to the tight turnaround and immediate need to fill both Captain positions, the decision was made to promptly open the positions for an internal recruitment so that successful candidates could be promptly appointed, on an interim basis only, until a new Chief is selected who would ultimately consider permanent appointment to the Captain positions. Unfortunately, due to staff oversight in the expedited process of preparingit for Council consideration, the previously adopted Police Captain job description inadvertently omitted some intended flexibility in qualifying criteria often necessary or useful in considering appointments made on an interim or acting basis. Staff recommends approving attached resolution includes an amended Police Captain job description which includes appropriate language regarding interim or acting appointments. This clarification is necessary to plan for immediate and future vacancies where an appointment(s) is necessary on an interim basis. After a brief, discussion the following Action was taken. RESOLUTION 2022-14: Approving Amended Job Description for Employment Position - Police Captain - within the Avenal Police Department. A motion made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: Gravelle. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider Approving Regular City Council/Successor Agency/PFA Meetings Schedule for Calendar Years 2022 & 2023: Ms. Ortiz reported that In the past, the City Council has been in favor of adopting a yearly schedule for its Regular Meetings. This makes it transparent for our community and public. Staff has attached Exhibit A to consider Regular City Council/Successor Agency/PFA Meetings for 2022 & 2023. Staff recommends approving Regular City Council/Successor Agency/PFA Meetings for calendar 2022 & 2023. Note: **Special meetings can be scheduled and noticed as needed. Humberto Bermudez, IT Manager discussed process to connect with residents Staff recommends by motion, approve Regular City Council/Successor Agency/PFA Meetings for calendar years 2022 & 2023, and direct Staff to notice the meeting schedule. A motion was made by Councilman Gravelle to approve Regular City Council/Successor Agency/PFA Meetings for calendar years 2022 & 2023, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Reintroducing “Chat with Council” Regular Q&A Sessions: Ms. Ortiz reported that “Chat with Council” was a regular Q&A-formatted meeting that was held from 2016 to March 1st, 2018. Two members of the Avenal City Council would be present at the Avenal Scout House on the 1st Thursday of each month from 6:30PM to 8:30PM. These unofficial regular meetings fell out of favor due to lack of public attendance. The location was also cited as less than desirable for these sortsof meetings. Humberto Bermudez, IT Department reported that staff proposes scheduling these Q&A sessions at 5PM for two hours on the first Wednesday of each month at City Hall. The IT Department proposes utilizing the City website’s feature to have questions asked beforehand, and then on the Chat with Council days, no more than two council members, respond to those questions, and be available both in person and virtually at City Hall to discuss the questions and any other related concerns with the community. After a brief discussion, the City Council was in consensus to start Chat with Council in the month of April. Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 4 of 6 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 Review No. 21-09 working on Decision Letter,Home Occupation Permit No. 22-01 under review; 3) Tentative Tract Map No. 21-01 – Still waiting; 4) Long Range Planning: Zoning, Subdivision and Building Ordinance – City Staff is having the City Attorney Work withawarded consultant to come up with a workable agreement that both parties will work with; 5) Building and Zoning Permits Reorganization – still workingon rearranging the files and shifting to a more digitize process; 6) Building Division: Building and Permit Applications- implemented 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. Also, have a QR code for the Online portal. If any applicant community member resident has questions, we are happy to help answer and show you how to submit online 30- electronic submissions of Building permits from January 2022 to February 2022. The Process is slow, but it seems to be working and progressing very well; 7) Dollar General – Building Permit is ready to be issued and working with consultant to startworking on Demo and construction; 8) Grants: Avenal Safe Route To School ATP Cycle 4 – working on the crosswalk project on Skyline Blvd. The City has contracted with QK; 9) Avenal Kids Park – starting the Finalized Bid Package for construction with O’Dell; 10) Prop 1 Grant (Planning Grant) 18”-Transmission Line – City Staff is working on disbursements for work already performed to close out the planning grant and start working with the Construction Grant of Prop 1 Grant; and 11) Utilities and Mortgage Assistance Program workshop with Self Help: Dates Scheduled at the Avenal Technology Center from 5:00 PM to 7:00 PM March 16, 2022, April 20, 2022, May 18,2022, June 15, 2022. 2. Police Department Activity Report: Kevin Carr, Police Captain. Kevin Carr, Police Captain reported the following: 1) Detective Voyles and Officer Shoemake investigated a juvenile who wanted to hurt himself and juvenile was safely detained with no harm to himself or officers; 2) Officers Shortnacy come in come in can I get the keeper I'm getting up there you know you look good boarders and Jimenez investigated a burglary in which an iPad was stolen, and iPad was located; 3) verbal disturbance involving gang members in the 1100 block of Whitney St. and officers are still actively investigating the shooting; 4) Officers were dispatched to the 300 block of Solano Street for a shooting and their investing the shooting; 5) Officers were dispatched to multiple fraudulent 911 calls for shootings, mass gang fights and injured persons throughout the month. A single male subject was responsible for these calls. The male subject does this when he is under the influence of methamphetamine and was arrested multiple times for being under the influence of methamphetamine and false 911 calls; 6) Detectives conducted a probation search in response to the shootings and located a gang memberin possession of ammunition and AR-15 magazine in the City of Coalinga. The subject was arrested for being a felon in possession of ammunition. 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 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 Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 5 of 6 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 Mayor Pro Tem Ramirez, and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 ofChapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments. Antony Lopez, City Manager reported that in the past year of staffing challenges due to COVID-19 and ever-changing regulations for worker health and safety, the current staff at City Hall has often, been overwhelmed in managing the day-to-day duties of providing quality service to the residents of Avenal, while at the same time promptly fulfilling titular responsibilities or at the same time filling in duties for fellow staff members. Council has noted in the past that as the City continues to grow, staffing needs will also continueto expand and City Hall must grow accordingly. Given current challenges to efficient growth, including persistent recruiting challenges, further changes to the City’s municipal code are necessary to allow the City the flexibility to meet evolving needs and circumstances. He continues that Attached is the first reading an ordinance to amend certain portions of the City’s Municipal Code as it relates to the appointment of temporary (interim or acting) positions. This ordinance will add language allowing for the timely hiring for vacant positions which must be immediately staffed, and flexibility when considering minimum requirements, training, and experience qualifications, which may be waived if deemed appropriate by the City Manager or designee. Adopting these changes will allow City Staff to more quickly fill vacancies that may exists due to the changing jobs market, or likewise fill new positions which may be created in the future and would require immediate attention. In some cases, such as when a department head is absentfrom their office or is outside of the City, subordinate staff often fill-in on a short-term “acting” basis. Therefore, this practice is not unprecedented and the update to the municipal code is merely clarifying of existing practice to some degree. To further clarify the municipal code, the ordinance includes language which defines temporary appointments as lasting no longer than six-months, with possible extension(s) only with majorityconsent or approval of the Council. Staff recommends waive the first reading of Ordinance 2022-01 and request the item be brought back at thenext Regular Council meeting for a second reading and adoption. Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 6 of 6 After a brief, discussion the following action was taken. RESOLUTION 2022-15: Adoption of Ordinance: 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, pertaining to Personnel Rules and Appointments. (First Reading). A motion made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. ORDINANCE 2022-01: AN ORDINANCE OF THE CITY OF AVENAL AMENDING PORTIONS OF THE PERSONNEL SYSTEM IN ARTICLE 2 OFCHAPTER 4 OF TITLE 2, PERTAINING TO ADOPTION AND AMENDMENT OF RULES AND APPOINTMENTS. (First Reading). A motion made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Gravelle, Preciado. NOES: Verdugo. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Maria Ortiz, City Clerk reported 700 forms are due before April 1st. Councilman Verdugo reported the following: 1) this an item of interest are the scooters from the City of Coalinga; 2) What can we do to Cleanup Hwy 269. Mayor Pro Tem Ramirez reported the following: 1) Also, has an interest in the cleanup along Hwy 269. Antony Lopez, City Manager reported: 1) Thanked all for speeding meeting; 2) The activity around City Hall as mentioned Dollar General started construction; 3) Skate Park is closed due to graffiti; 4) Sports Complex is closed due to backflow being broken and it’s been order; and 5) Staff has been working with Pat Sanchez, Superintendent RSUSD looking at maybe doing a community city school bash on April 27th. after 1-2 PM. Where employees and their families and community can come together and stop for hotdog, hamburgers, and some family fun to gather and network. Once everything is finalized with all the details, he will let Council know. Mayor Preciado reported the following: 1) attended KCAPTA/KCAG/LAFCO; 2) also would like to know why the fee is so high for food vendors. Mr. Lopez stated that it is a Health Department fee $188.00-year and out of cities control. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:25 p.m. Respectfully submitted, Maria Ortiz, City Clerk