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 JUNE 23, 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 5:21 p.m. ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Pro Tem Alejandro Ramirez Mayor Alvaro Preciado, and Luis Gravelle joined meeting via zoom. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez Davis, Lara-Nieto, Price, Tapia. 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 5:23 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 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 designated representatives: Designated representatives: APOA, and Bargaining Units 1-5. Mayor Preciado re-opened City Council meeting at 6:37 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: Maria Ortiz, City Clerk introduce three New Summer Interns – Lian Martinez, Eliseo Ayala, and Noah Naranjo. Lian Martinez stated the following: 1) Avenal graduate; 2) attending University of San Luis Obispo majoring in plant science on her second year; and 3) working as an intern with City of Avenal. Also, revamping the social media streamlining the adopting process online to make it easier to adopt online, creating bylaws for the community garden, beautification plan to add more flowers and clean up the city of landscaping and plan a block party for when the pocket park is opened on King Street. Eliseo Ayala stated the following: 1) Avenal graduate; 2) summer break and attending UC Merced majoring in business; 3) hired as City of Avenal intern which is a big opportunity and helping develop the social media plan, building on Instagram account, and created the Avenal animal rescue and shelter which is the Facebook to make the adoption process online by creating a bulldog square which we also put on the city website and along with you know that I must be keeping our website today by betting on Facebook so that way we can keep people today on like all the events and community things are going also just in water conservation which is being you know processed by device and when he says we plan on promoting our local businesses that way we can help you know with our economy that we have within thank you Noah Naranjo stated the following: 1) 2020 Avenal High School graduate; 2) attending the University of Chicago where majoring in Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 2 of 8 media arts design specializing in network art which means he focus on the rapid development; 3) he has been able to use my experience to expand and proven the efficacy of our social media usage the first gap between the city and committee members focusing especially on business owners or upcoming generation; and 4) As an intern getting a better understanding how municipal government works actually getting appreciation for all the work that goes on behind the scenes. Also, aside from the social media work, assisting with several clerical work, designing badges for city staff, digitizing archived records, increasing our security such as new cameras and new keyless entry system citywide. Also, looking at getting new office equipment to improve our efficiency currently one of those big ones is a letter folder inserter which will increase output by 200% saving about $22,000 a year which means we'll have a little more funding to use elsewhere, upgrading updating the city website and in the weeks to come we hope to take professional headshots of all city staff. So, the community knows city staff working behind the scenes and helping run the city. He hopes that through this summer he helps city to grow and give more opportunity for city staff to focusing on more important matter and thank you for your time and he will see you all around. The City Council welcomes Interns. Mayor Preciado stated that this was possible because of a scholarship that City Manager Lopez applied for through the City Managers Association Foundation for $5,000 for one person and city match it for second one. Mayor Preciado believes the University of Chicago paid for the third intern and grateful that for the price of one we got three interns. 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 June 15, 2022, June 23, 2022, and June 29, 2022. B. Ratify Resolutions 2022-44 (End of Year Budget Revisions) & 2022-45 (FY 2022-2023 Appropriations Limits). C. Consider Entering into a one (1) Year Fire Services Agreement with Kings County Fire Department for FY 2022/23: Resolution 2022-46. Council member/Successor Agency Member Gravelle approved Consent Calendar as presented, second by Councilman Verdugo, and motion carried. RATIFYING RESOLUTION 2022-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO AMEND THE CITY'S BUDGET FOR FY 2021-2022. FOR FY 2021- 2022. Councilman Gravelle motioned to approve, second by Councilman Verdugo, and motion carried. RATIFYING RESOLUTION 2022-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. Councilman Gravelle motioned to approve, second by Councilman Verdugo, and motion carried. RESOLUTION 2022-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO ONE (1) YEAR AGREEMENT WITH KINGS COUNTY FOR FIRE SERVICES WITHIN THE CITY OF AVENAL AND, FURTHER, AUTHORIZE THE MAYOR TO SIGN AND EXECUTE AGREEMENT ON BEHALF OF THE CITY. Councilman Gravelle motioned to approve, second by Councilman Verdugo, and motion carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Community Activities Department: Anna Lara-Nieto, Senior Recreation Leader. Anna Lara-Nieto, Senior Recreation Leader reported the following: 1) June 15th & July 8th Flea Market & markets will be every 2nd Friday of each month starting June-October; 2) Independence Celebration well attended; 3) Summer Kidz Spot June 13th - eight (8) paid for attend program and 12-pay weekly. Field trip July 13th Island Water Park; and 4) Rental Information – Theater Mexican Consulate used July 5-7 and help some residents and rental are down for pavilion. Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 3 of 8 2. Community & Economic Development Activity Report: Kao Nou Yang, Director. Kao Nou Yang, Community & Economic Development Director reported the following: 1) Planning Division: Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits –Site Plan Review No. 22-04; 2) Tentative Tract Map No. 21-01 – TT 993/ Var 21-01 was approved by the Planning Commission on July 11, 2022, Map is then forwarded to City Engineer for Parcel Map review and Map Check for approval and recordation; 3) Long Range Planning: Zoning, Subdivision and Building Ordinance – continually working with consultants and will be scheduling Planning Commission Workshops to discuss process of the zoning and subdivision comprehensive updates; 4) Building Division: Building and Permit Applications- The City has Implemented an 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 FOR PERMIT ONLINE. We also have a QR code for the Online portal. If any applicant, community member and resident have any questions, we are happy to help answer and show you how to submit online. From January 2022 to July 2022, we had over 170 electronic submissions of Building permits; 5) Staffing- Department is working on a staff report to add an in-house building inspector to the personnel classification. Hopeful that the position will be added into the next fiscal year as well as a possible position for a permit technician to help facilitate the building division of the department. This is informational for Council; 6) Economic Development: Economic Team is collaborating with Several developers that are wanting to come to Avenal. The City Staff would like Council to Inform any Property owners that own Vacant lots and are willing to sale the property to contact the economic development team; 7) Grants: Avenal Safe Route to School ATP Cycle 4 – The City’s consultant has submitted the package to Caltrans for review and their okay in regard to the plans and specs. We are awaiting their review; 8) Avenal Kids Park – The City Will be starting the Finalized Bid Package for construction with O’Dell. All preliminary sketches and drawing have been reviewed and tentatively approve by City Staff. The city has conducted O’Dell to move forward with project and a Final Bid Package will be coming soon; and 9) Misc.: Utilities, Mortgage and Rental Assistance Program workshop with Self Help Dates Scheduled at the Avenal Technology Center from 5:00 PM to 7:00 PM: July 20, 2022 - August 17, 2022 - September 21, 2022. 3. Police Department Activity Report: David Tapia, Police Captain (I). David Tapia, Police Captain (I) reported the following: 1) Investigations ; 2) Community Oriented Policing; 3) Officer Training - Officer Mariano Sanchez began his Field Training Officer this month and is scheduled to finish training in late August 2022. During his training, Officer Sanchez will be exposed and trained in different areas, including domestic violence, traffic enforcement, use of force, vehicle operations, gang investigations, community-oriented policing, etc.; and 4) Monthly Statistical Report. 4. Public Works/Building/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, & Building Maintenance. B. Special Presentations/Reports: 1) Kings County Association of Governments – Kings Regional Vision/ Regional Transportation Plan(RTP)/ Sustainable Communities Strategy (SCS): Josephine Buchanan – Community Engagement Specialist at DKS Associates. Terri King, Executive Director of the Kings County Association of Government reported on latest update that is happening in Regional Transportation Plan and Sustainable Community Strategy. They prepare these documents every four years with the Regional Transportation Plan which is, and she always like to call it the general planning transportation identify your policies for transportation and what sustainable and consultant will take over. Yu Hong Hwang, Consultant reported the following: 1) Who is KCAG and what do they do Metropolitan Planning Organization for the Kings County Region, Association of local governments with all four Cities and the County of Kings are members, one of 18 in California and 381 nationwide and Administer the flow of federal and state transportation funding to our member agencies; 2) What is Kings Regional Vision – update to our Regional Transportation Plan including a Sustainable Communities Strategy, Guides transportation investments, priorities, and plans, guides transportation investments, priorities, and plans, link with land use housing & employment and Covers 25 years thru 2046; 3) What must the plan do: Have a shared vision of all of the Cities and the County Be financially sound – what can we realistically pay for? Emphasize system preservation, Provide prioritized list of transportation projects, Meet state and federal requirements; 4) Scenario Development: Current Trend Land Use - Consistent with local agency General Plans, Residential Infill – Current Trend Land Use Plus ADU and Lot Split Activity in residential areas – consistent with local agency zoning code updates and SB-9, Scenario A Land Use with: Enhanced Electromobility; Broadband Expansion; Active Transportation and Scenario B Land Use with: Enhanced Electromobility; Broadband Expansion; Active Transportation; 5) Financially Constrained Tier I Project Lists; 6) Scenario Testing; and 7) Preview Plans for Reginal Transportation Investment – In Person Workshop Tuesday, July 19: 6:30-8:00PM at Avenal Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 4 of 8 Theater, Wednesday, July 20, 2022, 6:30-8:00PM Training Room, Administrative Offices Hanford City Hall 319 N. Douty St. and Virtual Workshop Thursday, July 21, 6:30-8:00PM scan QR code. PUBLIC HEARING(s): Continued Joint Hearings of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority: A. Consider Proposed City of Avenal Fiscal Year (FY) 2022/2023 City Budget /Fees & Charges:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution (including Fees & Charges). B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2022/2023 Budget:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution. C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2022/2023 City Budget:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution. Antony Lopez, City Manager reported that unfortunately our finance departments have been struggling and have someone sick. So, unfortunately the plan was to have a presentation on the departmental budgets and schedule a special meeting and adopt a final budget, but we were unable to finalize that to present. He asking to continue hearing to Special City Council meeting tentatively July 28th or 27th . City Attorney Diaz mentioned that if item was noticed there can be a continuation of the Public Hearing by motion. City Manager Lopez will e-mail those budgets beforehand and currently there is an operating budget it is on the city's website it is half of what was approved last year's budget. So, that gives us some leeway in time as you all are aware revenues were a little higher than expected for last fiscal year. Still determining what revenues might be for this upcoming fiscal year and trying to accommodate for new positions that are needed. Update on auditors Sotomayor was here last week and received all documentation that they asked for again focusing on the fiscal year 20/21 and asked about fiscal year 19/20. Sotomayor is working on state reports needed to be audited and submitted on Monday and other state reports should be submitted by tomorrow. If Sotomayor did not submit any reports to the State Department of Finance the City of Avenal was going to be audited by the state and charged for their time and travel. Sotomayor and Staff are in contact/conversations understanding their behind and Ms. Price is keeping in touch to completed audits. Staff requesting to continue Public Hearing to the next City Council meeting for August 3, 2020, at 5:00 p.m. at City Hall . The City Council was in consensus. Councilman Gravelle motioned to approve continuing Public Hearing to Special meeting for August 3, 2022, for 5:00 p.m. at City Hall, second by Councilman Verdugo, and motion carried. Roll Call Vote: AYES: Verdugo, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. A. Consider Extending Local Emergency Declared on March 24, 2020: City Manager 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 in order to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 5 of 8 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. At this time, 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 Verdugo motioned to approve as recommended, seconded by Councilman Gravelle, and motion carried. Roll Call Vote: AYES: Verdugo, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. B. Consider Extending Local Emergency Declared on May 27, 2021: City Manager Lopez reported that the 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 Verdugo motioned to approve as recommended, seconded by Councilman Gravelle, and motion carried. Roll Call Vote: AYES: Verdugo, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. NEW BUSINESS: A. Consider a Resolution Amending the 16-CDBG-11133 Grant Agreement to allocate additional CDBG Program Income (PI) into the Community Sports and Recreation Center: Resolution 2022-47. Community Development Director Yang reported that the City was awarded funds under the 2016 Community Development Block Grant “Notice of Funding Availability” (NOFA) in the amount of $1,850,000 to fund a Homebuyer Assistance and Housing Rehabilitation Programs, as well as the Avenal Community Sports and Recreation Center “Community Center”. At the time of award $1,209,302 was committed for the development of the Community Center which identified all site improvements, utilities, site and building infrastructure, building installation, interior framing, wall finishes, kitchen fixtures (no appliances), bathrooms, fire sprinklers, metal rollup doors, signage, ventilation, fans, plumbing, air conditioning, exterior lighting, smoke detectors, electrical, lighting and phone service. She continues that a budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs. Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 6 of 8 Construction of the budgeted portion of Phase One was currently 98% complete and 98.5% of the committed funds have been expended. The City currently does not have sufficient funds to complete the basketball court and multipurpose room, thereby preventing its ability to provide benefit to the anticipated beneficiaries. * The additional $100,000 in CDBG Program Income (PI) has not materialized because the only source of PI at the City of Avenal are loan payoffs and monthly loan payments from our CDBG-funded First-Time Homebuyer and Owner-Occupied Rehabilitation loans. We have not had enough loan payoffs/payments on CDBG housing loans to allocate additional funds to the Avenal Community Center Project. On May 29, 2020, a request for an extension of time and additional funding letter was sent to HCD for review. Once notification was given to HCD on August 19, 2020, approval was granted and an additional funding of $600,079 was added to the Parks and Recreation Facilities (03F) fund of Contract 16-CDBG-11133. Since then, construction has halted due to the COVID-19 pandemic and the drafting and designing of Phase 2 and Phase 3 had not been officially completed. With all the final calculations of what is still needed to be constructed and the remaining timeline, the city is in the process of reducing its scope of work to Phase 2 portion of the project and work simultaneously to a full buildout project. The direction at which the city has now chosen would be more conducive in regards of construction and development. The City is aware of the budgeted cost and financial investment of this project and the desperate need to complete this, Center. In the Fall of 2021, the city received allocated funds from the State of CA budget and in the amount of $2,000,000.00 to designate the Community Center to a Cooling Center for the City. We are very appreciative to Senator Melissa Hurtado and Assembly member Rudy Salas. The city will also be allocating approximately $250,000 in Program Income funding to the project to continues to construction work of Phase 2. We will continue to progressively procure any additional funding we need for the build out of this Community Center. Staff recommends the following: 1. Approved a Budget Transfer of the eligible Program Income be committed to the public facility as needed, including that of the existing $390,848; and 2. Authorize the City Manager and/or the Director of Community and Economic Development or designee to transfer or modify budget amounts and activities necessary to fully expend Program Funds and to execute loan documents Funds request and other required reporting forms; and 3. Authorized the City Manager, and all relevant City staff to conduct the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto. After brief, discussion the following action was taken. RESOLUTION 2022-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING AN AMENDMENT TO THE 16-CDBG- 11133 GRANT AGREEMENT FOR THE ADDITION OF ADDITIONAL CDBG PROGRAM INCOME INTO THE COMMUNITY SPORTS AND RECREATION CENTER. Councilman Gravelle motioned to approve as recommended, seconded by Councilman Verdugo, and motion carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. B. Consider Authorizing the City Manager to enter into a Lease Agreement between Spectrum Pacific West, LLC, and the City of Avenal: Resolution 2022-48. City Manager Lopez reported that in early 2021, representatives from Spectrum (formerly Charter/Time Warner/Bright House), reached out to City Staff regarding the lease agreement to a portion of City property atop the hills along SR 269, where Tank 3 resides. Currently Spectrum/Charter holds a building and antenna on the site which provides the coaxial cable communications (Spectrum Fiber) to the residents of Avenal. The City has leased this piece of property to the variously named cable companies since 1998 and have signed onto at least two addendums since then. Each agreement and addendum have been for periods up to five years. The Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 7 of 8 original contracted amount in 1998 started at $1,200 per year; $2,500 in 2012; and most recently $3,000 in 2017. He continues that the lease is currently set to expire by November 2022. Spectrum’s representatives originally offered to increase the payment by 3% per year to follow inflation, but Staff felt that amount was not agreeable. After many discussions and negotiations, Spectrum has now agreed to pay $1,000 per month, or $12,000 for each year of the lease, with a 3% increase per year. Staff also attempted to negotiate a trade by offering to extend Spectrum fiber services to the new Community Center (cost estimate at $100,000), yet the company wished to keep those business requests separate from this agreement. Staff also negotiated to have Spectrum draft up a new, cleaner agreement (attached), which the City’s Legal Counsel is still reviewing. Once the lease agreement is reviewed and agreed upon by both the City and Spectrum, Staff would like to execute the agreement. Spectrum’s representatives have been patient with the city and want an assurance that the agreement will be signed before the current lease expires. After a brief, discussion the following action was taken. RESOLUTION 2022-48: A RESOLUTION OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO SIGN AND ENTER INTO A LEASE AGREEMENT BETWEEN SPECTRUM PACIFIC WEST, LLC, AND THE CITY OF AVENAL Councilman Gravelle motioned to approve as recommended, seconded by Councilman Verdugo, and motion carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. C. Consider Ordinance 2022-04: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties: Resolution 2022-49. City At the June 23, 2022, City Council meeting, when the Council discussed amending the Tier III Waster Conservation rules, discussion was brought on about the administrative fines levied by the City for water waste as issued by Code Enforcement. For a few years, Council has requested that Staff look into updating the citation fee structure and raising the fines from $50, to something higher. Staff, in conjunction with Legal Counsel, reviewed the request and discussed with Council how Administrative Fines are controlled by the local authority, but maximum penalties are dictated by state law, specifically: CA Govt Code § 36900. This part of the government code has been amended many times over the year, and currently for infractions carries the following fee structure: “(b) Every violation determined to be an infraction is punishable by the following: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.” As per the City’s current Municipal Code, Title 6, Chapter 4.22, after a written warning as step one, the fee structure begins at $25, then $50, with a maximum of $100 for the fourth and subsequent violations. Clearly it is time to update the AMC to better reflect the current government code. Staff is requesting this Ordinance 2022-06 to update the municipal code to allow greater flexibility and compliance with water conservation enforcement. Waive the first reading of Ordinance 2022-06 and request the item be brought back at the next regular Council meeting for a second reading and adoption. Maria Ortiz, City Clerk clarified Ordinance number will be Ordinance No. 2022-06 and let it reflect on minutes. After a brief, discussion the following action was taken. ORDINANCE NO. 2022-06: AN ORDINANCE OF THE CITY OF AVENAL AMENDING PORTIONS OF CONSERVATION IN ARTICLE 3 OF CHAPTER 4 OF TITLE 6, PERTAINING TO VIOLATIONS – NOTICES –PENALTIES. Councilman Verdugo motioned to approve as recommended, seconded by Councilman Gravelle, and motion carried. RESOLUTION 2022-49: ADOPTION OF ORDINACE AMENDING PORTIONS OF CONSERVAION IN ARTICLE 3 OF Joint Meeting City Council/Successor Agency/PFA – July 14, 2022 Page 8 of 8 CHAPTER 4 TITLE 6, PERTAINING TO VIOLATIONS – NOTICES – PENALTIES. Verdugo motioned to approve as recommended, seconded by Councilman Gravelle, and motion carried. AYES: Verdugo, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Maria Ortiz, City Clerk announced that there are two seats open for the November 8th Election and application are available at City Hall. Also, filing starts July 18th and ends August 12th and if interested come to City Hall. Antony Lopez, City Manager commented the following : 1) Avenal High School pool is re-open; 2) Valley Voices at Rice Park - vaccinations/testing and all residents stay safe. If anyone needs hand sanitizer, masks and testing supplies come by City Hall; and 3) Cooling Centers - Avenal Police Station lobby. Councilman Gravelle commented the following: 1) Thanked, all City employees for all they do. Councilman Verdugo commented the following: 1) looking over the Animal Shelter reports has staff considered having boarding for animals; and 2) still seeing many abandoned vehicles in town. City Manager Lopez mentioned that the Animal Shelter facility is at full capacity and discussed expanding facility, lability and will look into it. Also, Avenal Police has been tagging vehicles. City Manager Lopez announced that the New Interim Chief of Police will start Monday, July 25th and informing the community. Mayor Preciado commented the following: 1) reminding that COVID is still present and keep safe. City Council went into Closed Session at 8:54 p.m. ADJOURNMENT: Mayor Preciado re-opened meeting at 9:54 with nothing to report. There being no further business the City Council meeting was adjourned at 9:54 p.m. Respectfully submitted, Maria Ortiz, City Clerk