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 August 11, 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 5:19 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. 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 6:00 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: Chief Nevarez introduced two new Police Officers: 1) Joshua Alvarado: was raised by his mother Maria and father Sergio, and he grew up with four older brothers and one sister. He graduated from COS Police Academy on July 21st of this year, loves to work on cars and incredibly grateful for everything that his been able to accomplish so far; and 2) Mathew Miller he grew up in Columbus, OH raised by his mother, Marie and older sister Diana and he attended the Ohio State University, obtained his bachelor’s degree Animal Science. Also, attended COS Academy, Class 146 and worked patrol for two years. Also, on time off likes to spend time with his two Australian cattle dogs and hunt. His family was not able to attend. Chief Nevarez thanked, their family and parents because without their support this would not be possible. Also, the Avenal Police Department is going to do everything possible to train them and provide them with the resources that he can go home safely every night. Chief Nevarez number #1 mission as Police Chief is to make sure that officers are safe. Joshua Alvarado and Mathew Miller thanked, the City of Avenal for giving them the opportunity to serve this community. Mayor Preciado and City Council welcomed Joshua Alvarado & Mathew Miller to the City of Avenal family and their families. Veronica Aguirre sated following concerns:1) the compliant process with San Joaquin Valley Air District. she feels it is unfair because it takes five people to call within a 24-hour period and then an inspector from the San Joaquin Valley Air District is dispatched to inspect said complaint and that complaint could be gone. Also, invited the City Council to the next San Joaquin Valley Air District held at Central Region Office, Governing Board Room 1990 E. Gettysburg Avenue, Fresno, CA Thursday, August 18, 2022, 9:00 a.m. She would like support in speaking to this board regarding the compliant process. Community & Economic Development Director Yang introduce new Community Development Assistant, Giselle Lynch comes from Virginia Beach Joint Meeting City Council/Successor Agency/PFA – August 11, 2022 Page 2 of 6 on the East Coast and her husband is stationed in the Navy but live at the Lemoore Naval Base that means Gisselle is officially here in the Central Valley. Giselle started about three weeks ago and did not get a chance to introduce her and has been doing a really excellent job catching up a lot of things that Raul left pending. Also, works good with Highland Diversified. It is great to have extra help now and give it to Giselle. Giselle stated that it is nice being a part of this small community and met a lot of people and absolutely love everything about Avenal. Mayor Preciado and City Council welcome Giselle to the West Coast and City of Avenal family. City Manager Lopez mentioned that Giselle has been a fantastic addition to the city, fit right in, has been great to work with and the community is taking well to her. So, we are lucky to have Giselle. Mario Pesquera has the following concerns: 1) leash law feels it is not being enforced, because where he lives there are pit bulls left loose unattended; 2) noise nuisance feels it is not enforced because he has called numerous times on neighbors and they are given warnings and in the City of Avenal Ordinance does not give warnings the resident is cited as per municipal code; and 3) He would like to add these items to an the City Council Agenda if possible. City Manager Lopez mentioned that this more appropriate for the Planning Commission is actually going through a comprehensive update. So, he will be sure to share with Mr. Pesquera the schedule for those meetings and come to the workshops. Supervisor Richard Valle stated the following: 1) the Board of Supervisors pass their budget at over $423 million, and highlight is that the Board of Supervisors will be using $6 million of ARPA funds to help once again small businesses out with some grants. Also, recall about two years ago they used some County Cares funds about $5 million to helps businesses in the middle of that pandemic trying to help them recover and those were $20,000 grants. These $6 million can help businesses receive up to $25,000 grants and if receive money can be used for anything from payroll, benefit costs, pay rent, buildings, utilities, and other operating costs such as gas, delivering vehicles. Also, business owners investing in lights, shade, outdoor tables, and all they need is to fill out an application for grant this February 1st September. He sent flyer to the City Manager yesterday and its in English and Spanish. 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 July 14, 2022, and August 3, 2022. B. Waive Second Reading & Adoption: Ordinance 2022-06, Second Reading & Enactment: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties: Resolution 2022-49. C. Consider ratifying Employee Agreement, with Robert A. Nevarez for position of Chief of Police: Resolution 2020-50. D. Ratify Additional Premium Pay and Stipends to City Employees: Resolutions 2022-51, 2022-52. E. Consider Deposit of Found Money Council member/Successor Agency Member Gravelle approved Consent Calendar as presented, second by Councilman Verdugo, and motion carried. RATIFYING RESOLUTION 2022-49: ADOPTION OF ORDINANCE AMENDING PORTIONS OF CONSERVATION IN ARTICLE 3 OF CHAPTER 4 OF TITLE 6, PERTAINING TO VIOLATIONS – NOTICES- PENALITIES. Mayor Pro Tem Ramirez motioned to approve, second by Councilman Hernandez, and motion carried. ORDINANCE 2022-06: ORDINANCE OF THE CITY OF AVENAL AMENDING PORTIONS OF CONSERVATIONIN ARTICLE 3 OF CHAPTER 4 OF TITLE 6, PERTAINING TO VIOLATIONS-NOTICES-PENALTIES (SECOND READING & ENACTED). Mayor Pro Tem Ramirez motioned to approve, second by Councilman Hernandez, and motion carried. RATIFYING RESOLUTION 2022-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO AN AGREEMENT WITH ROBERT A. NEVÁREZ FOR THE POSITION OF "CHIEF OF POLICE” FOR THE CITY OF AVENAL POLICE DEPARTMENT. Mayor Pro Tem Ramirez motioned to approve, second by Councilman Hernandez, and motion carried. RATIFYING RESOLUTION 2022-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUPPORTING AND APPROVING REQUEST FOR ECONOMIC RELIEF STIPEND TO THE CITY EMPLOYEES. Mayor Pro Tem Ramirez motioned to approve, second by Councilman Hernandez, and motion carried. RATIFYING RESOLUTION 2022-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUPPORTING AND APPROVING REQUEST FOR ECONOMIC RELIEF STIPEND TO THE CITY MANAGER. Mayor Pro Tem Ramirez motioned to approve, second by Councilman Hernandez, and motion carried. AYES: Ramirez, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Verdugo. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – August 11, 2022 Page 3 of 6 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) Upcoming Events: Flea Market – August 12th – Rice Park- 7pm-10pm. In collaboration with Valley Voices. Free backpacks, Entertainment, and Flame eater, Flea Market – September 9th, Flea Market – October 14th; 2) On going Programs: Zumba – M/W/TH – from 7:00 – 8:00 pm, Fit to Succeed – M/TH – from 8:30 – 9:30 pm - 25% of total collected per class comes back to the department, and Veterans Hall opened daily from 10am-2pm for community; 3) continued project Community Garden; 4) August rentals: • Rec Center – 2 rentals this month & Theater – 2 Rentals this month; and 4) Daily functions: Summer Kidz Spot program ended August 5th & organizing C-trains, supplies, clean etc. in all buildings. 2. Community & Economic Development Activity Report: Kao Nou Yang, Director. Kao Nou Yang, Community & Economic Development Director reported the following: 1) Planning Division: Site Plan Reviews Zoning Permits – Site plan Review No. 22-04, staff is rendering the decision letter. Site Plan Review No. 22-05 – Application received, working on project consultation notice; 2) Long Range Planning: Zoning, Subdivision and Building Ordinance – Staff is continually working with consultants and just finished its first workshop at the Planning Commission Workshops to discuss process of the zoning and subdivision comprehensive updates; 3) 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 August 2022, we had over 200 electronic submissions of Building permits; 4) 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. With the limited commercial space and sizes of the properties we have here ion the City, we would like any property owners who is willing to sale to please contact us so we can help facilitate a contact; 5) Grants: 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; and 5) Misc.: Utilities, Mortgage and Rental Assistance Program workshop with Self Help – CV 2 & 3 are officially obligated. Therefore, program will go out for close out. 3. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Current projects: Phone system, email, server; 2) City Clerk software; and 3) other: - assisting in setting up the new Community Development Assistant with logins and emails, assists the new Chief of Police in getting all necessary software and credentials ready on his devices, prepares a temporary cloud-based VPN (Virtual Private Network) for the interns to work remotely, completed CJIS (Criminal Justice Information Services) Level 4 training to allow for work with confidential police documents, Continues policy drafting for tech usage, Continues to maintain the city website and provide tech support across all facilities, Continues to work with KCAG to allow regular remote viewing and participation of their monthly, Technical Advisory Committee and Transportation Policy Committee and KCAG Commission meetings. 4. Police Department Activity Report: Roberto Nevarez, Chief of Police. Chief of Police Nevarez, reported the following: 1) Sworn in as 3rd Avenal Police Chief; 2) Attended Rotary meeting; 3) Attended patrol briefings on several occasions; 4) met with two prospective captains candidates; 5) updated police website and Message from the Chief; 6) worked with staff to address speeding issues on Skyline Road; 7) attended Cruise night on King Street; 8) participated in interviews for Records clerks candidates; 9) participated in interviews for Police Officer and Sergeant; 10) attended Budget Workshop with City Manager and Council; 11) attended Virtual School Safety meeting hosted by Sheriff Robinson; 12) met with the Superintendent Pat Sanchez; 13) hosted “Fajita Tacos with the Chief“ for the troops; 14) created and distributed the new “End of Watch” report to be utilized at the end of every shift; 15) created and distributed the Police Department Organizational Chart (See Attached); 16) hosted Swearing-in ceremony for 2 new officers; 17) led planning for “Back to School” traffic response; and 18) on August 3rd. just after midnight, the department received a call of a burglary at Rice’s liquor. Officers arrived and observed three males fleeing the area. They were able to capture one suspect in the alley 800 block Skyline and received a second call of another burglary, this one at a thrift store, with two suspects. Their descriptions were the same as suspects from the Rice Liquor burglary. Officers arrived and observed the two suspects leaving the thrift store. They were both taken into custody. The suspects were all juveniles. A loaded Glock was recovered in the area of the arrest. Joint Meeting City Council/Successor Agency/PFA – August 11, 2022 Page 4 of 6 5. Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director. Rob Williams, Public Works Director, 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) None 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). Note: Funding Requests included in FY 2022/2023. 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 Avenal Housing Authority (FY) 2022/2023 Budget:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution. D. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2022/2023 City Budget:  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution. City Manager Lopez reported that Staff is still working on the budget and with new Chief of Police need his budget and will need to continue Public Hearing to the September 22, 2022, City Council meeting. Staff requesting to continue Public Hearing to the next City Council meeting for September 22, 2022. Mayor Pro Tem Ramirez motioned to approve continuing Public Hearing to September 22, 2022, regular City Council meeting, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Ramirez, Hernandez, Preciado. NOES: None. ABSENT: Verdugo, Gravelle. 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 make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules Joint Meeting City Council/Successor Agency/PFA – August 11, 2022 Page 5 of 6  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. City Manager Lopez mentioned that the Bureau recommended writing a letter and notice the Bureau now of our anticipated water shortage in case there may be a way for them to either find additional water or use other water suppliers that may be able to sell this water or other cities who may have a surplus like the city the past two to three years. So, understanding that and seeing situation in Coalinga before you and on the website, we did print it out a letter that he drafted and sent over earlier today to the Bureau requesting an additional 180-acre feet of water in order to meet our water year through the end of February. He noted that his seeing good compliance from the Community from our recent water, our Tier 3 water conservation efforts. Mayor Pro Tem Ramirez motioned to approve as recommended and adding the letter to the USBAR for more water, seconded by Councilman Hernandez, and motion carried. Roll Call Vote: AYES: Ramirez, Hernandez, Preciado. NOES: None. ABSENT: Verdugo, Gravelle. 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. Mayor Pro Tem Ramirez motioned to approve as recommended, seconded by Councilman Hernandez, and motion carried. Roll Call Vote: AYES: Ramirez, Hernandez, Preciado. NOES: None. ABSENT: Verdugo, Gravelle. ABSTAIN: None. NEW BUSINESS: A. Consider Adoption of New and Updated Conflict of Interest Code. (Informational): City Clerk & City Attorney Moses Diaz, City Attorney mentioned that working on Updating Conflict of Interest Code. It is called the biennial review during even number of years. This since the last biennial review, they have been a number of positions with the city either been created, revised, or combined and whenever that happens there need to update the code. Started the process of updating the code is to provide a comment period that process has been opened. We may need to expand it, but we are in Joint Meeting City Council/Successor Agency/PFA – August 11, 2022 Page 6 of 6 the process of completing this, so the next step will be that document approved and we have noticed it all will bring it back to the Council for approval. There is no action and just informational. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Maria Ortiz, City Clerk stated the following: 1) Election will be finalized on August 12th, which is this Friday. So, all submissions to be in at City Hall at 3:00 p.m. and submit to the Kings County Department of Elections. City Manager Lopez announced that just to add that the cities two initiatives, the one cent tax and fees, and the Cannabis Business taxes on cannabis have been submitted, arguments of arguments have been submitted and the analysis from the city attorney has been submitted. It is on County Election website and feeling good about it. The arguments had community support in favor arguments. The City of Avenal will be working on information to explain both of the initiatives. All that has been submitted to the to the county. Antony Lopez, City Manger reported the following: 1) The Flea Market – Friday August 12th and hope everyone is able to attend from 7:00 p.m. to 10:00 p.m.; 2) COVID-19 testing starting from 3:30 p.m. at the REC Center; 3) Commission on ageing sent him a flyer early today there assisting with vouchers or coupons for the farmers market in Hanford for Avenal. Their allocating 10 vouchers. They just want us to send them the name and work with the participants in the senior program to find 10-community members who would be wanting to attend and participate at the farmers market in Hanford. Also, September 16th, Commission of Aging is hosting party at the park in Hanford and need transportation. It may end up that the city will have to charter a bus again and use funding for LTF. He thinks it is a good thing for the community and there is funding for it. Mayor Preciado mentioned the cleanup day at Veterans Hall. It was well attended, and many things were accomplished by the community and thanked everyone that participated. Also, the City Council is here to listen to any concerns that the community might have. Therefore, City Manager Lopez showed the before and after of painting, landscaping, and hardscape. City Manager spoke with Superintendent Sanchez to finish the landscape with district staff and city staff. Thanked all that participated. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:18 p.m. Respectfully submitted, Maria Ortiz, City Clerk