City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING APRIL 14, 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 & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:30 p.m. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez joined via zoon and joined the meeting at 5:25 p.m.; Mayor Alvaro Preciado. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Price, Carr. LEGAL COUNCEL: 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 City Council went into Closed Session at 5:32 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: 2. B. PENDING LITIGATION (Government Code § 54956.9). Conference with legal counsel – SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2)). Number of potential cases is: 1. Facts and circumstances clearly known to potential plaintiff (if any) that might result in litigation (Government Code § 54956.9(e)(2)). C. 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: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: Instructions to negotiator concerning: Terms Mayor Preciado re-opened City Council meeting at 5:58 p.m. and reported the following: 1) Item 3. A.- nothing to report; 2) Item 3. B. the Council Ratify to open a claim with RMA; and 3) Item 3. C. the Council did not discuss this item. Councilman Verdugo made a motion to ratify open claim with RMA, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. Joint Meeting City Council/Successor Agency/PFA - April 14, 2021 Page 2 of 5 ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: Maria Ortiz, City Clerk commented the following: 1) Received a public comment from Jose Arias his concern are off road vehicles – razors, quads driving on the road without proper DMV registration. 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 March 11, 2021. B. Consider Authorizing City Manager to sign Agreement with UC Davis for Services/Grant: Resolution 2022-21. Council Member/Successor Agency Member Gravelle made a motion to approve Consent Calendar as presented, seconded by Council Member/Successor Agency Member Hernandez, and carried. RESOLUTION 2022-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO SIGN AN AGREEMENT WITH UNIVERSITY OF CALIFORNIA (DAVIS) FOR ALL ANIMAL GRANTS. Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Updates Regarding Audits, City Warrants, and Financial Statements: Griselda Price, Director of Administrative Services. Griselda Price, Director of Administrative Services reported that currently, Sotomayor & Associates continue working to finalize the Fiscal Year 19/20 audit. As of April 13, the principals of the firm, Carmen and Ivan Sotomayor, have indicated that the audit will be completed by the end of April. Usually at this point, the 20/21 audit would have been completed by December of last year, but the audits continue to be behind. Because of the complications and issues with Sotomayor & Associates, Staff has contacted Price Paige and Company to assist us with having the audits expedited by working with both the City and Sotomayor & Associates. Price Paige and Company was the City’s previous auditors prior to our current auditors Sotomayor and Associates – they are familiar with municipal finances and assisting with the software the city uses as well as clearing up processes during transitions. Warrants & Financial Statements: Currently, the Finance Department is finalizing September 2021 and October 2021 financial statements which will be available before the council meeting. November and December will soon follow and so forth. Now that City Hall is more fully staffed, the Finance Department can fully review and prepare the warrants and financial statements for Council’s review. Staff apologies for the delay as it continues to iron out the process and ensure the correct numbers are being carried over and are accurate. Staff reached out to Price Paige and Company to assist with the completion of the financial statements, which they have agreed is a number one priority to setting a firm foundation to the City’s finances and assisting in transparency. A new process will likely be created to ensure more timely reports. Josh, Price Paige and Company discussed issues regarding the city’s finances, and this can be taken care of with in 6-month and Mrs. Price has been responsive with finance information. They will catch up with this audit, Financials & Warrants and 2020/2021 to keep moving forward. The Council thanked Staff for this information and the update. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Activities Department Report: Shelia Verdugo, Supervisor. Joint Meeting City Council/Successor Agency/PFA - April 14, 2021 Page 3 of 5 Antony Lopez, City Manager presented Mrs. Verdugo’s report, due to Mrs. Verdugo is sick. Mr. Lopez reported the following: 1) Easter; 2) Flea Market; 3) Soccer Clinic, 4) Old Timers Day – April 29th – May 1st; Baseball Clinic; and 5) Spring Festival – April 27th 2:00 -6:00 p.m. at Rice Park & Circus coming. 2. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Internet access; 2) Phone system; 3) emails & Civic Clerk software; and 4) Other – working with KCAG to allow regular remote viewing and participation meetings, working with the City Clerk to prepare for the upcoming “Chat with Council” Q&A sessions, Requested AT&T to repair a downed service line at Veterans Hall after a windstorm, looking at ISP alternatives for Veterans Hall and day to day activities. 3. Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, 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. B. Special Presentations/Reports: 1. Avenal Landfill Quarterly Report: George Anderson, Site Manager. George Anderson, Site Manager reported the following: 1) Tonnage 30,000; 2) mulch to covers 134.81 tons on the side, it would be very minimal and not very noticeable so we're going to keep stockpiling for a while maybe 300 tons or before we start putting on to the northeast corner of the western front. We will start to notice it a little bit better which left very transit board 1644.77 tons job is pretty much the activity for the waste of landfill for Q1; 3) they had exciting stuff happened and reported that their fence project went up and there has not been any vandalism, any cut fences or anything which good and do not have to make repairs. Also, received a tree grant for 55 pine trees that we were able to obtain we're going to continue the South end of the landfill with the pine trees will cover grounds. Also, thanked Mrs. Verdugo for an awesome Easter Event at the park. 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 the Local Emergency and discontinue enforcement to mask mandated, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Verdugo, Gravelle, Ramirez. NOES: Hernandez, Preciado. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA - April 14, 2021 Page 4 of 5 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. 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. A. Review Assembly Bill 481- New Policy – Military Use Equipment: Kevin Carr, Captain (I) Kevin Carr, Captain (I) 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 Equipment such as UAS Drone and Less Lethal Bean rounds. AB 481 requires the process to commence prior to May 1, 2022. It also requires the policy to be made public 30 days prior to the public hearing. The Draft for the new policy was posted on our website March 14, 2022. The draft policy is attached for review, discussion and consideration of council to approve.  AB 481 requires a policy to be in place and annual reporting of any military use equipment. x Governing body (City Council) will approve the military use equipment annually and new equipment  A report will be given to city council annually on the use of military use equipment within the city x AB 481 also requires the use of allied agency equipment likely to be used to be listed in our policy as well. Due to the SWAT MOU with KCSO their equipment is listed as well in a separate section, specifically outlining it is not our equipment and there is no fiscal impact to the City of Avenal. The use of this equipment will also be reported to City Council on an annual basis with our equipment use as stated above.  Our Military Use Equipment: Command Post, Less Lethal Shotgun, Drones. Moses Diaz, City Attorney reported, that just to add to that unfortunately this bill is specific on how it's supposed to be approved must be done by ordinance and must be done at a regular meeting. All the jurisdictions are doing public hearing so that's why Captain Carr mentioned that it's going to be noticed for public hearing. So, it has already been posted on Police Department's website he thinks since March correct me Captain Carr “mentioned yes, since March 14th” So, there is a 30 day, and it has to be posted before it comes to City Council and that has been satisfied. The next step the process that will be the public hearing for the next council meeting. That's where we are on, but it is kind of a strict process this policy will be brought to the City Council annually and anytime any new equipment and new military equipment has to come before City Council. And lastly thing he mention that Captain Carr had mentioned to him which is most of the equipment here is from County swat it's listed on here as a precaution because the county is undergoing their own 481 process you know the County Sheriff's Department, they have jurisdiction inside and outside of cities tribal lands and everything within the boundaries of their County. Also, wanted to inform that this process is moving forward, and Captain Carr has been coordinating with me and City Clerk. No action today and public hearing for the next meeting. The City Council consensus to notice this for Public Hearing and bring to the next City Council meeting. NEW BUSINESS: A. Consider Quotes for Installation of Generator at the Veterans Memorial Hall and Approve Installation Vendor - Resolution 2022-22: Scott Davis, Public Works Supervisor. Scott Davis, Public Works Supervisor reported that the city received a grant from the California Office of Emergency Services to purchase and install an emergency generator at the Veterans Memorial Hall. Staff received two (2) quotes for the installation of the generator they are as follows. Joint Meeting City Council/Successor Agency/PFA - April 14, 2021 Page 5 of 5 1. Trull Electric Inc. $21,925.00 2. Solomon Electric Inc. $23,800.00 Staff is requesting to approve by resolution and authorize the City Manager to entre an agreement with Trull Electric Inc. for Installation of Generator at the Veterans Memorial Hall for an amount not to exceed $21,925.00. After a brief, discussion the following action was taken: RESOLUTION 2022-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TRULL ELECTRIC, INC. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Verdugo commented the following: 1) The City had an event at the park, and it was very successful like everybody said, but he was extremely disappointed because there were not one city staff that wanted to work to help with this event. Also, from his understanding there is no city policy or anything that tells staff that they must work for a city event. There needs to be a policy established that requires staff to work if there are no volunteers for city and put two or three individuals to work; 2) Food distribution that the city helps it was established by Councilman Hernandez. It was mentioned that they’re going to have volunteers not city staff. The city was kind enough to let couple city staff help and need to look at that; 3) The City of Avenal hired a new Code Enforcement Officer he had training and has yet to see him out on the street and his understanding is that he’s doing work inside the office at City Hall. His concerns is that he was hired to be a Code Enforcement Officer not a Building Department Assistant. Antony Lopez, City Manager reported the following: 1) he will be back from vacation and ready to get back to work; 2) he would be more than glad to sit down and chat with Councilman Verdugo discuss concerns. The food distribution is technically Rotary’s event it is a struggle with older populations who volunteer in help and staff that participate has been drastically reduced. This is something we've been working on weaning off. The reassignment for the second Code Enforcement Officer because of new developments happening in town there's an influx of building being done and staff that's been out on sick leave we're trying to just put out the fires where we can. He appreciates the concern and be happy to follow up on all those items. Mayor Pro Tem Ramirez reported the following: 1) future agenda items city properties that were discussed. Mayor Preciado reported the following: 1) Old Timers coming next weekend; 2) Study Session for second source of water; 3) well to treat well water and use to supply the southeast side of Avenal; 4) continue the dialogue with Avenal State Prison and elected officials regarding water allocations for the Avenal State Prison; and 5) Also needs Economic Development to grow and focus on those empty properties along the skyline in the business district that I've been there for 40-plus. Councilman Verdugo announced that April 23rd at 9:00 AM at the park there's adopt a tree program that's coming out of Fresno Veronica Aguirre organizer has to give 55-gallon trees available at the Rice Park. Also, gave 15- tress to Landfill and 2-tress to Avenal Museum and trees are still available. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:54 p.m. Respectfully submitted, Maria Ortiz, City Clerk