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 OCTOBER 13, 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 5:37 p.m. ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Alvaro Preciado. ABSENT: Mayor Pro Tem Alejandro Ramirez. STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price, Nevarez, Williams. 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 5:39 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 6:13 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: Chief Nevarez introduced newest Police Captain Leonard Lujan - veteran of law enforcement 29 years and spent 23 years with the Fresno Police Department, overseeing a variety of different units. Also, Lieutenant Colonel in the Air Force 144. and he has an incredible amount of experience and organizing things and logistics and so forth. We are really fortunate to have him. Captain Lujan thanked everyone because staff has been very welcoming. The City Council welcomed to City Family. Also, new Police Officer Harley Reed - came on board a couple of weeks ago. Also, veteran of the US Marine Corps and prior law enforcement experience. Officer Reed thanked the City Council for the opportunity. The City Council welcomed to City Family. Chief Nevarez promoted Bill Stryd and hired new Sergeant Jesus Mendez came from the Selma Police Department. November 9th, they will have Public Safety Appreciation Night. The Sheriff's Department will be there, Fire Department, California Department of Corrections, American Ambulance, Cupcakes, POA cooking hotdogs and DJ. Thanked Anna for all her help and invited the residents and City Council. The Police Department was interview by the Hanford Sentinel yesterday. McKenzie Rankin was doing a story on our department and what we are doing to build trust with the community, and she got the interview Mariano Sanchez, speaks three different languages and dialects and obviously Spanish. So that is going to come out tomorrow Thank you. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Consider Approval of Minutes for Special Joint Meetings between the Avenal City Council and Reef-Sunset Unified School District for: April 7, 2021, and September 21, 2022 Joint Meeting City Council/Successor Agency/PFA – October 13, 2022 Page 2 of 5 B. Consider City of Avenal/Successor Agency’s Approval of Minutes for: September 22, 2022. C. Consider Entering into an M.O.U. with Avenal Rotary Club for 2021 Pistachio Days Celebration. Council Member/Successor Agency Member Gravelle made a motion to approve Consent Calendar as presented, seconded by Council Member/Successor Agency Member Hernandez, and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Resolution of Commendation for the Altimus & Moran Family (Presentation). Antony Lopez, City Manager read and presented the Altimus & Moran Family with a Resolution of Commendation. Maria Ortiz, City Clerk presented and read certificate commendation from Senator Melissa Hurtado. Clayton M. Smith Kings/Tulare County Field Representative Office of Congressman David G. Valadao (CA-21) presented and read Congressional Certificate of Recognition for the Altimus and Moran families separately Ron Moran thanked everyone, and Avenal is home. It has been blessed and honor serving Avenal and families and remembers all the families that have gone through Avenal Lumber & Hardware. 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 – Oct. 14/15th : Flea Market/Pistachio Festival, Oct. 21st Movie at the Theater, Oct. 28th Trunk or Treat / Halloween Dance & November 1st Día de los Muertos/Day of the Dead; 2) On Going Programs: Zumba: M/W/TH – from 7:00 – 8:00 p.m., Veterans Hall -Community open hours 9AM, Parent Support Classes, Karate, Nov. 9th APD First Responders Appreciation Day Event; 3) Oct. rentals: Rec Center – 2 rentals, Theater – 1 Pavilion 1 and Oct. 14&15th Pistachio Festival. 2. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Phone System, 2) Server; 3) New computers are ready for deployment. VPN access is provisional but preconfigured with our VPS (Virtual Private Server) provider. Should staff need to work outside of their stationed areas, any web traffic is fully encrypted and safe to use for public ; 4) Clerk Software: City Clerk and IT performed a dry run with a mock-up packet; 4) Other: Submitted the Technology Usage and Remote Work Policies to the City Attorney for review, already reviewed by City Manager, Director of Administrative services, and other department heads. Once finalized, may bring back to Council for formal adoption (see attached) 5) working with Community Activities and Public Works to perform neon and projector maintenance at the Avenal Theater to prepare for Fall-Season events; and 6) -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. -Continues to maintain the city website and provide tech support across all facilities. 3. 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. B. Special Presentations/Reports: 1) None Moses Diaz, City Attorney mentioned that the City Council need to go back and approve Resolution of Commendation for the Altimus & Moran Family. RESOLUTION 2022-53: Resolution of Commendation for the Altimus & Moran Family. Councilman Verdugo motioned to approve Resolution of Commendation for the Altimus & Moran Family, seconded by Councilman Gravelle and motion carried. Joint Meeting City Council/Successor Agency/PFA – October 13, 2022 Page 3 of 5 Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: 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 went over the budgets with the City Council for about 30-minutes. Staff provided a revenues and expenditure as already reviewed and highlight some of the differences. It was a very tough budget to prepare, and copies are available Exhibit A. Mayor Preciado opened Public Hearings at 7:47 p.m. Councilman Gravelle has concerns regarding Fiscal Year Budgets that have not been approve like 2019/2020 & 2021/2022. City Manager Lopez mentioned that their working with auditors and almost finalized. Mayor Preciado Closed Public Hearing at 7: 51 p.m. After a brief, discussion the following action was taken: RESOLUTION 2022-53: RESOLUTION OF COMMENDATION FOR ALTIMUS & MORAN FAMILY. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried. RESOLUTION 2022-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL, ADOPTING THE CITY BUDGET FOR FY 2022-2023. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried. RESOLUTION 2022-55: A RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF A VE AL, APPROVING CHANGE TO FEE/CHARGE SCHEDULE AS PART OF FY 2022/23 BUDGET. . Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried. SA RESOLUTION 2022-02: A RESOLUTION OF THE AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND OF THE CITY OF A VE AL ADOPTING THE AGE CY'S FISCAL YEAR BUDGET 2022/2023. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried. PFA RESOLUTION 2022-02: A RESOLUTION OF THE AVENAL PUBLIC FINANCING AUTHORITY OF THE CITY OF AVENAL ADOPTING THE AVENAL PUBLIC FINANCING AUTHORITY FISCAL YEAR 2021-2022 BUDGET. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried. Joint Meeting City Council/Successor Agency/PFA – October 13, 2022 Page 4 of 5 Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Preciado. NOES: None. ABSENT: Ramirez. 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  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 Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Preciado. NOES: Gravelle. ABSENT: Ramirez. 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, Hernandez, Preciado. NOES: None. ABSENT: Ramirez ABSTAIN: None. NEW BUSINESS: A. Consider Authorizing City Manager to Sign a Letter of Support to Westlands Water District's Application of California Department of Water Resources' Water Desalination Grant Program Round 4: Joint Meeting City Council/Successor Agency/PFA – October 13, 2022 Page 5 of 5 City Manager Lopez reported that Westland is requesting a letter of support because their applying for grant of California Department of Water Resources' Water Desalination Grant Program Round 4. The City Council was in consensus with the letter of support and City Manager can sign said letter. Councilman Verdugo motioned to approve letter of support, seconded by Councilman Gravelle and motion carried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: Ramirez ABSTAIN: None. B. Consider Resolution to Recognize and Inaugurate New Park Space at 253 E. Kings Street “Rotary Pop-Up Park” City Manager Lopez reported that, A lot on King Street next to the subway at the storage for bulky items, tables and chairs for events that occur at King Street. Rotary has used this space in the past to store it storage and host the Horseshoe tournament during Pistachio Festival. Over time, this sight became an eyesore. Now staff worked to clean it up and a lot of improvement the fence and the back of the alley. Rotary, in an effort to continue contributions to the community, applied for a Rory's inner international grant along with the Avenal Historical Society and Museum to develop a pop-up park in Ave Health, proposed the city empty lot. Into an open space for all to enjoy. Although progress was slow, Avenal Rotary did clean up the lot and brought in synthetic grass, picnic tables, paint, and shade shade sails to fix up the space. The city's Public Works crew helped bring all items together, laying them down the synthetic grass and installing the poles for shade sails. the proposed. Oh, calling the space A pop-up park is to allow the city. The option to again reproposed the property for another use in the furniture without the risk of closing anything at all. All the added items can be moved to another location. In closing. As a new park is finalized and off opened to coincide with 2022 Pistachio Day, festival staff recommends adopting a resolution to recognize. The open space as park, host, and inauguration to welcome the community to this new space at the start of the Pistachio festival on October 14th, 2022. Due to the multiple partners involved in recreating the space, the popup park will be named Rory Pop-up Park. And recognize all those involved. RESOLUTION 2022-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL RECOGNIZING AND INAGURATING A NEW PARK SPACE AT 253 EAST KINGS STREET, ·'ROTARY POP-UP PARK''. Councilman Verdugo motioned to approve new space at 253 E. Kings St. for pop-up park, seconded by Councilman Gravelle and motion carried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: Ramirez ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez reported the following: 1) Thanked the Council for passing the Budget and speedy meeting. Mayor Preciado reported the following: 1) thanked the staff; and 2) attended many meetings and be safe. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:57 p.m. Respectfully submitted, Maria Ortiz, City Clerk