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 5:24 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Louis Gravelle; Mayor Pro Tem Alejandro Ramirez Mayor Alvaro Preciado, attended via zoom, Councilman Pablo Hernandez ABSENT: Councilman Ricardo Verdugo. STAFF: Lopez, Ortiz, Bermudez, Lara-Nieto, 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 at 5:29 and no public comment. The City Council went into Close Session at 5:29 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: three. Also, noted: Antony Lopez, City Manager was excused form Close Session and joined meeting when re-opened. Mayor Preciado re- opened the City Council meeting at 6:35 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Keith L. Fagundes, District Attorney stated the following: 1) invite the City Council to their office; 2) seeing operation and touring there Lisa project it is an interactive project and this project was copyrights by the gentleman Stockton area where they put a permanent unit in and then they were made into a traveling unit. They rented that travel unit for 1-year, and it was so successful that they decided to build a unit and purchased the copyright to be able to display and showcase these victims and their stories; Also, in conjunction with Lisa project is attempting to expand their services for a Family Justice Center and to bring services under one roof. The Family Justice Center is a huge undertaking and requires the efforts of the whole community. Maria Cabrera, Human Resources/Risk Assistant announced new parttime employee Janet Ceja, Customer Service Representative/ Office Assistant. She started last Monday and adaptive learner and doing an excellent job. Ms. Ceja stated that she appreciates the opportunity and is happy to be working for the City of Avenal. The City Council & Staff welcomed Ms. Ceja to the City of Avenal family. 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 24,2022. Joint City Council/Successor Agency/PFA Meeting - March 10, 2022 Page 2 of 4 B. Waive Second Reading & Adoption: Ordinance 2022-01: Amending Portions of thePersonnel System in Article 2 of Chapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments. C. Consider Expenditure of Funds to Repair Lift Pump No. 1 at Water Treatment Plant No. 2 D. Consider FY 2022/23 Local Transportation Fund Claim (LTF): Resolution 2022-16 A motion was made by Councilman/Successor Agency Member Gravelle, 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. (Second Reading & Enacted). A motion made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. RESOLUTION 2022-16: AUTHORIZING THE CHIEF OF POLICE TO SIGN MEMORANDUM OF UNDERSTANDING WITH FLOCK GROUP INC. A motion made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Verdugo. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Discussion of Zoning Ordinance 9.10.6 D, regarding poultry (chickens) in R-1 Zone: CodeEnforcement/City Manager in Lupe Chavez, Senior Code Enforcement Officer presented Zoning Ordinance 9.10.6D, regarding poultry (chickens) in R-1 Zone. Antony Lopez, City Manager reported that backyard chickens there was a resolution to make a recommendation of no changes to the zoning ordinance procedurally that resolution was never brought back to the City Council. He knows this was one of the things that had been discussed that never came back to the Council. Also, Councilmember Woolley asked him a few times, when we were going to present it to City Council. So, formally we are presenting that resolution that five years ago the Planning Commission recommended no changes but understanding that things have changed. Staff is seeking direction from City Council of what would like they want to either go back to the drawing board, do more research, and see how things have changed in recent years. He has Lupe Chavez, Senior Code Enforcement Officer brushed up on the research and give a small presentation of how the lay of the land is with backyard chickens but after that just go back to the council and see where what direction you would like us to do go ahead Lupe Lupe Chavez, Senior Code Enforcement Officer presented Zoning Ordinance 9.10.6D, regarding poultry (chickens) in R-1 Zone. He met with representatives of relevant City departments: Code Enforcement, Public Works, Animal Control, Police, Community Development, and City Manager. This discussion brought insightful viewpoints and context explaining the current ordinance. Staff also reached out to neighboring cities and the county for their ordinances regarding chickens. The results of this research are provided below. Research: Section 9.10-6 D of the Avenal Zoning Ordinance states that: “No poultry or fowl of any type if allowed in the R-1 Zone (chicken, rooster, duck,pheasant, geese, etc.)” Staff is presenting requested research regarding City Staff opinions regarding chickensin Single-Family Residential Zones, and current ordinances in neighboring cities. A. City Staff Discussion (Attachment A). Staff Research pertaining to fowl ordinances in Kings County and corresponding cities (Attachment B) a. Kings County allows up to twelve chickens in single family residential and ruralestate zones; not allowed in multi-family residential zones. b. City of Hanford does not allow any fowl and considers them a publicnuisance. c. City of Corcoran only allows fowl on lots of over 20,000 square feet. d. City of Lemoore considers chickens household pets and are allowed incertain residential zones. Lemoore does not allow roosters at all. After a legthy discussion, the City Council is in consensuses to do a Town Hall meeting and get feedback regarding poultry (chickens) in R-1 Zone and see how big of an interest there is for chickens. Joint City Council/Successor Agency/PFA Meeting - March 10, 2022 Page 3 of 4 Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Verdugo. 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; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance. 2. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Internet Access; 2) Phone System; 3) Server; 4) City Clerk software; and 5) Others: continues to provide tech support across all facilities. 3. Community Activities Report: Anna Lara Nieto, Senior Recreation Leader. Anna Lara Nieto, Senior Recreation Leader reported the following: 1) Flea Market – March 5th Vets Hall 11am-3pm; 2) Rise Up Community Outreach Event – March 26th Rice Park- 11am-2pm; 3) Easter in the Park- April 9th 10am-1pm; 4) Mexican Consulate at Re-center March 7-10 appointment only; 5) On Going Programs: Karate: Tues/Thurs – 6:00 7:30 $55.00 per month – Onetime $30.00 fee for uniform, Zumba – M/W/F – from 7:00 – 8:00 pm, Fit to Succeed – M/W/F – from 8:00 – 9:00 pm, 25% of total collected per class comes back to the department and Veterans Hall opened daily from 10am-2pm for community; 6) Future Programs: Staff has reached out to WHC Baseball, Avenal Youth Football Program and Lemoore Soccer. Staff is working on dates to hold clinics, Staff has reached out AHS Art teacher and is bringing back Art Night; 7) On Going Projects: Community Garden, Princess Concert in Theater, and Homeless Resources. 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 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. Councilman Hernandez made a motion to approve as recommended, seconded by Mayor Pro Tem Ramirez, and carried. Roll Call Vote: Joint City Council/Successor Agency/PFA Meeting - March 10, 2022 Page 4 of 4 AYES: Hernandez, Ramirez, Preciado. NOES: Gravelle. ABSENT: Verdugo. 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 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. Councilman Gravelle made a motion to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Verdugo. ABSTAIN: None. NEW BUSINESS: A. Report Assembly Bill 481: Kevin Carr, Captain reported that Assembly Bill 481 is a bill creating a new law which requires a policy of Military Use Equipment, Government Code 7071. Avenal Police Department has minimal Military Use Equipmentsuch as UAS Drone and Less Lethal Bean rounds. AB 481 requires the process to commence prior to May 1, 2022. Also, requires the policy to be public 30 days prior to the public hearing. We will be posting the new policy on our website by March 14, 2022. We will then bring the policy to the first April Avenal City Council meeting on April 14, 2022. This policy is very in depth regarding the equipment and requires collaboration with allied law enforcement agencies. Staff has military equipment – Mobile Command post, nonlethal rounds, drone. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager reported: 1) next meeting we will have Dan Bergman, consultant working on our Prop 218 rate study for water and wastewater it will be highly informative. Also, collaborating with him on whether to have a study session. This meeting is informational and not having any public hearings or anything yet. Staff been working Mr. Bergman and his outline projects and holes that we had from the last study and proposed 2% increases which did not meet our targets for Bond Covenant of Revenues. Proposing 60% increase for water; 2) Future Agenda Items: Chickens-Town Hall meeting not determined yet, scooters at City of Coalinga, cleanup on 269 and presentation about ICS the Las Vegas commerce trade show by Criscom. Councilman Hernandez reported the following: 1) Food Distribution and thanked Public Works, Rotary, and volunteers; 2) he would like a game room for the community and suggested Veterans Hall. Mayor Preciado reported the following: 1) thanked Staff for all they do and invited Council Members to 2022 Central Valley Conference held Selma CA on April 2, 2022 - 9:30 a.m. to 2:30 p.m. ADJOURNMENT: There being no further business the City Council meeting adjourned at 8:38 p.m. Respectfully submitted, Maria Ortiz, City Clerk