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 28, 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, Pablo Hernandez, Luis Gravelle, and joined meeting via zoom Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price. 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. Alicia Jacobo, Senior Representative for Senator Melissa Hurtado reported the following: 1) lives in Kettleman City and Avenal graduate; 2) Update that Melissa Hurtado’s offices have been busy helping constituents within the district with EDD issues/claims, many residents from Avenal and closed over 1,700 cases. This means that money constituents’ pocket. Now, the cases have jumped to Disability cases media attention due to fraud and attach some case for fraud; 2) their officer is still open they are still handling EDD & Disability claims or nothing dealing with a State Agency; 4) the last event attended was the Easter Egg was very well attended and nice to see all the children having fun; and 5) if anyone need anything were just a phone call away. The City Council went into Closed 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 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: 1. Mayor Preciado re-opened City Council meeting at 5:58 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: No comments. 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 April 28, 2022. B. Consider Warrants & Financial Statements for September and October 2021. C. Consider Entering into Agreement with R.L. Hastings & Associates, LLC for Labor Compliance Monitoring for 18” Transmission Pipeline Project: Resolution 2022-29. D. Waive Second Reading & Adoption: Resolution 2022-30/Ordinance 2022-03 - Assembly Bill No. 481, Approving Military Use Equipment Policy for Avenal Police Department. E. Consider Approving Temporary Construction Easement to Pacific Gas & Electric (PG&E) at City Corporal Yard for Gas Pipeline Replacement Project: Resolution 2022-31. Joint Meeting City Council/Successor Agency/PFA – May 12, 2022 Page 2 of 6 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 2022-29: A RESOLUTION OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO ENTER INTO AGREEMENT WITH R.L. HASTINGS & ASSOCIATES FOR LABOR COMPLIANCE MONITORING. Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried. RESOLUTION 2022-30: Adoption of ordinance approving Military Equipment Use Policy for Avenal Police Department. Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried. ORDINANCE NO. 2022-03: AN ORDINANCE OF THE CITY OF AVENAL ENACTING A MILITARY EQUIPMENT USE POLICY FOR THE AVENAL POLICE DEPARTMENT. Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried. RESOLUTION 2022-31: A RESOLUTION OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO SIGN TEMPORARY CONSTRUCTION EASEMENT WITH PACIFIC GAS & ELECTRIC COMPANY AT CITY CORPORAL YARD FOR GAS PIPELINE REPLACEMENT PROJECT. Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider Proclaiming Month of May 2022 as Community Action Month: Savino Perico, Kings Community Action Organization (KCAO) Community Development Manager: Antony Lopez, City Manager reported that special request from Kings County Community Action Organization to proclaiming May Community Action month. Savino Perico, Kings Community Action Organization (KCAO) Community Development Manager reported that KCAO has 58 years serving communities and acknowledge month of May 2022 as Community Action Month. KCAO requesting that the proclamation and in 2001 find individual 1,282 households through all of our programs for our early childhood education programs or head start programs that charter to childcare or subsidized childcare programs, taxes, and food distributions program. Also, thank Mr. Lopez for his help. Councilman Gravelle made the motion to approve proclamation for May 2022 as Community Action Month, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Status Report on Chief of Police Recruitment Process: Griselda Price, Director of Administrative Services & Antony V. López, City Manager: Mr. Lopez reported this item pretty quick it is just a short update on the Chief of Police recruitment. Staff finally has a survey out it is posted online, website and sharing with businesses. There are 9 respondents and hoping to get more regarding some questions regarding kind of the process. Mr. Lopez shared some pages of other cities and what they are doing a town hall, a survey, online and in person. Staff does have survey English and Spanish to help provided feed back to staff what residents want in a Chief of Police. Mr. Lopez & Captain Tapia met with the participants of the Senior Program at Veterans Hall, and a little group got together gave some feedback - 28 participants provided feedback of how they feel about Avenal Police Department things that they would like to see in the next Chief of Police. Rotary and churches next week their are planning to meet with the Avenal Police Department with officers during the shift change. Also, provide survey and get feedback hoping some Council Members are able to participate. On May 25th Staff is planning to host a Town Hall where we would have community members to give their feedback more directly. Joint Meeting City Council/Successor Agency/PFA – May 12, 2022 Page 3 of 6 Councilman Gravelle concern regarding Police Officers prompting to other departments and coverage for the City of Avenal. Mr. Lopez mentioned that there will always be coverage and the captains are working on recruitment. There are some people on the pipeline. Mr. Lopez is aware that there are some officers leaving and there will be coverage. Moses Diaz, City Attorney mentioned that the Sheriff concurrent jurisdiction they could be called. Mr. Lopez replied that he let the community know that Staff is working hard on ensuring that there is coverage. Also, many agencies are having turnover do to better offers or wages. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Community Activities Department: Anna Lara-Nieto, Activities Department. Anna Lara-Nieto, Activities Department reported the following: 1) May 14th Family Teatime 4-talbes reserved; 2) Baseball Clinic due to lack of interest re-scheduled to Saturday, May 28th at Avenal High School Baseball Fields: $25 per child 9AM -12 noon; 3) meet with Desmond Hernandez – would like to start a Softball Summer League – Clinic Softball Summer League May 28th Little League field 1-4PM; 4) Summer Kidz Spot: June 13th – August 5th one change and that there is charge/cost $20 per child; 5) Rental’s – Recreation Center rented (exception on the 14th Tea Time), Pavilions rented every Saturday this month and some Sundays; and 6) Theater – AHS will be rented on May 21st Pegasus Room for Prom. 2) 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) 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 Gravelle motioned to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: Joint Meeting City Council/Successor Agency/PFA – May 12, 2022 Page 4 of 6 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 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 motioned 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. NEW BUSINESS: A. Consider Authorizing Engagement with Price Paige & Company for Audit Preparation and Financial Consulting Services: Mr. Lopez reported the following: staff has been working in resolving these issue with finance but staff needs assistance we've been waiting since September to hear back from somebody that would provide some assistance and you know city finances aren't difficult but you need some experience of understanding So, he thinks that is why there was a misstep with previous people that ran things differently but with that he know Josh, Price & Page Associates will explaining the menu and they are helping other cities doing some cleanup. Joshua Giosa, CPA Price Paige & Company reported the following: 1) We will assist the City with the year-end close of its financial records by performing reconciliations of balance sheet and income statement balances, as deemed necessary, in preparation for the City's June 30, 2022, audit, and function as a liaison with the City's external auditors for any areas in which we assist. 2) We will prepare the City's bank reconciliations for all months in the fiscal year ending June 30, 2022. 3) We will prepare all journal entries necessary for the City to convert its financial statements from the modified accrual to the full accrual basis of accounting. 4) We will assist in the preparation of the City's Recognized Obligation Payment Schedule (ROPS) and Prior Period Adjustment Form (PPA) for the fiscal year ending June 30, 2022. 5) We will prepare the City's annual financial statements for the year ended June 30, 2022. 6) We will prepare the City's Annual Financial Transactions Report for the year ended June 30, 2022. The monthly professional consulting services we expect to provide for the year ending June 30, 2023, include the following: 1) Prepare the following reconciliations at the end of each month: a. Bank reconciliations b. Utility revenue, receivable, customer deposits, and overpayments reconciliation c. Accounts payable reconciliation between the OpenGov ERP and Central Square ERP d. Payroll Liabilities reconciliation Joint Meeting City Council/Successor Agency/PFA – May 12, 2022 Page 5 of 6 2) We will assist in preparing the financial packet provided to the City Council on a monthly basis, Additionally, through the end of this agreement, expected to end on June 30, 2023, we will provide the City with any professional consultation as agreed upon with City management. The scope, timing, and extent of the additional consultation will be discussed prior to the commencement of any work. Our fees for the above services for the years ended June 30, 2022, and June 2023 will be as follows: Services for the year ending June 30, 2022: Audit preparation - Items 1-5 $101,810 Cities Financial Transactions Report - Item 6 5,000 Monthly services for the year ending June 30, 2023, at $3, 150/month 37,800 Additional Consulting services (hourly, not to exceed) __40,000 Total $184,610 Staff recommends by Resolution approve authorizing City Manager/Mayor to execute letter of prelesional consulting services with Price Paige & Company. After a brief discussion, the following action was taken. RESOLUTION 2022-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITYMANAGER AND MAYOR TO EXECUTE AN ENGAGEMENT LETTER FOR PROFESIONAL FINACIAL CONSULTING SERVICES WITH PRICE PAIGE & COMPANY. Councilman Verdugo made a motion to approve, seconded by Mayor Preciado, and carried. Roll Call Vote: AYES: Verdugo, Preciado, Hernandez, Ramirez, NOES: Gravelle. ABSENT: None. ABSTAIN: None. B. Consider Establishing Two Summer Internship Positions within City Hall. Mr. Lopez reported that as a proud graduate of the Avenal High School and mentor of five recent graduates, there is a severe gap between our students and their understanding of local government. For myself growing up, I only knew City Hall as the place where you pay the water bill, and not understanding all the public works, public safety, recreation, and other public services that City Hall provides and offers. This realization is made worse when considering that I lived next for to my predecessor, the former City Manager, my whole life growing up in Avenal. Because most of the teachers in our school district commute from out of town, they do not emphasize local civic engagement or understand its value to our community that is struggling with volunteerism and public participation. In recent memory, the City of Avenal has not offered an internship program for youth. Now is the best time to change that and grow a culture of involvement and understanding in local government. There are plenty of qualified youth graduating AHS right now or who are enrolled in prestigious universities across the US. Other entities and larger cities run internship programs for recent high school graduates or students enrolled in higher education, to give them work experience and a fruitful recommendation that can help with future employment – sometimes back at the very same agency itself. He continues that for Avenal specifically, this new program would run from June 1st – August 31st, and entail one or two interns who will shadow the City Manager and the City Clerk on the day-to-day operations of the city by assisting with clerical work, as well as be assigned a special project. This year’s special project will be to create an outreach plan to fully incorporate the City’s website, social media, and kickstart new text messaging system to improve communications with the public and increase public participation. As tech savvy youth, they would have a better understanding on how to reach out to other youths and incorporate programs and ideas that are more attractive And conclude that the long-term benefit of this internship pilot would be to build out a premier program that local youth will look forward to applying and participating in – and hopefully attract youth who leave and pursue higher education Joint Meeting City Council/Successor Agency/PFA – May 12, 2022 Page 6 of 6 outside of Avenal, to return to Avenal and contribute back to the community. To help establish this new program, Staff recently applied to the California City Manager’s Foundation (CCMF) Judy L. Kelsey Memorial Fund, which can provide $5,000.00 to fund a summer intern position. Staff is hopeful the City will be granted these funds. After a brief discussion, the City Council was in consensus to table item until the next meeting. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager reported the following: 1) As Anna mentioned Saturday, May 14th Family Teatime; 2) Spring Clean up – Saturday, May 21st & 28th 7AM-2PM Avenal Landfill & show water bill; 3) Wednesday, May 18, 2022 - Animal Pet Vaccination Clinic at Rice Park 5-7PM; and 4) Kidz Spot – June 13th -August 5th. Councilman Gravelle requested to remove mask form mannequins. Mayor Preciado reported the following: 1) Good Old Timers event & Alumni dinner and Mr. Todd is retiring and will pass on the torch to another person. The profits go to scholarships for Avenal High School student; 2) Tar Canyon tour & Discovery Well tour good turnout; 3) CRC has still active; 4) Reef Sunset Unified School District & City of Avenal – Joint meeting Wednesday, May 26th Design Committee, tentatively June 8th or June 14th Joint City Council & RSUSD meeting; 4) Requested Study Session item cameras at all city facilities. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:14 p.m. Respectfully submitted, Maria Ortiz, City Clerk