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 27, 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 6:07 p.m. ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price, Nevarez, Williams, Yang. 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. 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. None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: Mario Pesquera voiced his concerns regarding the following: Noise Ordinance: in his opinion feels that the Avenal Police Department should cite for loud music. Mayor Preciado mentioned that will schedule a meeting to discuss concerns with Antony Lopez, City Manager & Chief Nevarez. Chief Nevarez introduced newest members of the Avenal Police Department Avenal PD New Officer Introductions: Records Clerk Tamaya Bates many years of experience records department and accompanied by family, Sergeant Jesus Mendez had family emergency will be introduced next Council meeting. Officer Roldan Deleon was employed at Huron Police Department and 12-years with Orange Cove Police Department a lot of history with that agency and experience. Officer DeLeon has four boys his wife Lily, mother Dora, brother, and nieces. So, he has deep roots here and is form Avenal. Mrs. Bates thanked the city for this opportunity. Officer DeLeon thanked the City Council for this opportunity, and this is home. The City Council welcomed them to the city family. 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: October 13, 2022. Council Member/Successor Agency Member Verdugo made a motion to approve Consent Calendar as presented, seconded by Council Member/Successor Agency Member Hernandez, and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: Ramirez. Joint Meeting City Council/Successor Agency/PFA – October 27, 2022 Page 2 of 6 MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Review and Discuss Council Ethics & Values: Antony V. Lopez, City Manager, (Informational) Antony Lopez, City Manager reported that the study session, there is a few items the Council noted that could be updated the following: • Allowing for digital copies of the packet to be distributed to Councilmembers • If virtual attendance continues to be allowed by the State, creating guidelines to virtual participation by councilmembers • If virtual meetings continue, any rules for recognizing public comments from other social media hubs, creating deadlines for public comments. • Procedure and decorum for discussing topics during meetings to help expedite meetings Staff has something to start with. If their other specifics that the Council reviewed from Council Norms, as discussed to formally adopt, and changes that Council would like to see can reach out to City Clerk or City Manager. Staff will start compiling updated, create something new and will bring something within next few months and working on policies, and reintroducing drafts for feedback from the Council. The City Council is consensus with Staff. B. Discuss future dates for Strategic Planning and Goal Setting workshops: Antony V. López, City Manager, (Informational). City Manager Lopez reported that it is been two years of the last goal setting with the Council. A consultant assisted staff and there were four main goals. It is time to start to go back to review and see where we are. He suggests having strategic planning session with all administrative staff. The Council layout what the future plans are for the city. It is an election year, hopefully have good news with measures. So, something to consider what might be some priorities and bringing it up now, because of holidays. Also, seeking direction from City Council to see when the best time might be. He suggests after New Year's and consider having a consultant to assist us. After a brief, discussion The Council is in consensus that after New Year's would be better to have Strategic Planning, Goal Setting workshops, and consider having a consultant to assist. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Community & Economic Development Report: Kao Nou Yang, Director Kao Nou Yang, Director of Community & Economic Development reported the following: Site Plan Review No. 22-06 a land development permit that proposes to establish an Ice Water Vending Machine Outside to a permitted use located at 708 Skyline Blvd; and currently reviewing and making findings to render a decision; 2) Long Range Planning: Zoning, Subdivision and Building Ordinance – On October 3, 2022, the Planning Commission help its regularly schedule meeting to discuss the comprehensive zoning Ordinance update. The Planning Commission motion to then move the November workshop to December Meeting for additional time to review and discuss. Flyers will be posted and shared on the city website and Facebook page in regard to the December Zoning workshop. We encourage all City residents and business owners to attend so we can get an idea of types of zoning and growth the city would like to see. In order to grow the city, we must know what our goal is and how to process the path to meet the goal in regards of land use; 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 October 2022, we had over 280 electronic submissions of Building permits; 4) Economic Development (CrisComm): Monthly Report and Update from Economic Development Team CrisComm City Property: City Staff is collaborating with an appraiser to appraise the City’s properties on SR 33 / 7th Avenue. Staff expects the appraisal report any day and will discuss with the City Attorney what the appropriate next steps are and what options may be available to the city; 5) Grants / Projects: Avenal Safe Route to School ATP Cycle 4 – QK is working with the Public Works department to put together a bid package and bid schedule. The anticipated date is to have the bid package out by December or the end of the year. Avenal Kids Pocket Park – City staff has received the general conditions from the city attorney and will review the documents if there are any changes or revisions. If the documentation is acceptable Public Works will also be taking the project out for bid approximately the same time as the ATP project. Programs; 6) Utilities Mortgage and Rental Assistance is still available to the community and its residences – PLEASE COME TO CITY HALL FOR THE APPLICATION AND BRING ALL NECESSARY PAPERWORK. First Time Home Buyer Program – Flyer is available at City Hall. On going program that is implemented by Self help Enterprise on behalf of the City for any information please contact Self Help Enterprises. Home Rehabilitation Program- Flyer are available at City Hall. On going program that is implemented by Self help Enterprise on behalf of the City for any information please contact Self Help Enterprises. Accessory Dwelling Unit (ADU) Joint Meeting City Council/Successor Agency/PFA – October 27, 2022 Page 3 of 6 Program - Flyer are available at City Hall. Brand New Program that is implemented by Self help Enterprise on behalf of the City. Prior to Speaking to Self help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your property is eligible for an ADU and of a Zoning land use permit is required prior to implementation. Kings County ARPA Small Business Assistance Program – This program is a COUNTY program, and it is available to Avenal Business owners. Please Contact the Kings County Economic Development Corporation if you are interested and for more information. Flyers are available at city hall and https://www.countyofkings.com/departments/general-services/jto- edc 2. Police Department Activity Report: Robert Nevarez, Chief of Police Robert Nevarez, Chief of Police, reported on the following: 1) Three sergeants sworn in: Sergeant Billy Stryd, Sergeant Jesus Mendez, Sergeant Tyler Stryd 2) One officer sworn in: Officer Harley Reed 3) Met with community members having a challenging time with a violent son/nephew. 4) Met with Renee and staff from CrisCom. 5) Presented to group of first responders struggling with PTSD. 6) Attended Rotary club meetings and Cruise Night. 7) Hosted upcoming meetings for Public Safety Appreciation Night. 8) Attended “Gear up “event along with several other department members. 9) Wrote several letters to property owners related to excessive calls for service. 10) Attended California Police Chiefs Association (CPCA) related to organizational wellness. 11) Met with Superintendent Pat Sanchez for lunch. 12) Met with CDC Warden Gamboa and several staff members. 13) Interviewed with Hanford Sentinel regarding police and community trust. 14) Participated in Avenal State Prison CAC meeting. 15) Attended Pistachio Festival. 16) Met with US Security Lines to discuss current camera system, and possibly adding cameras. 17) Trust Building Efforts  November 9th “Public Safety Appreciation Event” – Officer Sanchez is coordinating with Anna Lara to create a special day to bond with community and recognize magnificent work done by first responders.  Trading Card Program- Each card will have a current photograph of an officer on one side and a brief background and child photograph on the other. Cards to be handed out to children as inspiration and to create trust.  Citizens Police Academy- we are in planning phase of a Citizens Police Academy  Creating Team Photo for Christmas Cards 18) Detectives: Detective Carter Voyles is going back to full-time detective. We plan to have a fully staffed detective unit as outlined below:  Generalist/Traffic- Detective C. Voyles  School Resource Officer- Detective A. Rodriguez  Generalist/Person Crimes – Currently vacant  Generalist/Property Crimes – Currently vacant 2) Special Presentations/Reports: 1) None PUBLIC HEARING(s): A. None. OLD BUSINESS: 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. Joint Meeting City Council/Successor Agency/PFA – October 27, 2022 Page 4 of 6 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, Ramirez, Preciado. NOES: Gravelle. ABSENT: None. 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 Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. City Manager Lopez is requesting this item be added Authorization for Purchase EV Charging Stations through Congestion Mitigation and Air Quality (CMAQ) Grant Funding & Application to the San Joaquin Valley Air Pollution Control District Charge-up Grant Program as an Emergency item to the October 27, 2022, Council meeting in order to meet the deadline to accept the quote under 30 days. The vendor has indicated the price may go up in November and is urging the City to move quickly on placing the order. Likewise, Staff only recently became aware of the grant funding opportunity, which requires approval from the SJVAPCD first before making any purchase. Staff would like to move as quickly as possible to ensure sufficient funding. This will be Item 10.B. for New Business. Mayor Preciado motioned to add emergency item , seconded by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Preciado, Hernandez, Verdugo, Gravelle Ramirez. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – October 27, 2022 Page 5 of 6 NEW BUSINESS: A. Review Draft City of Avenal Purchasing Manual: Griselda Price, Director of Administrative Services (Discussion/Informational). Griselda Price, Director of Administrative Services as the Finance Department becomes freed up from the financial system upgrade from Central Square to OpenGov, Staff is working to consolidate the purchasing policies from the Municipal Code and clarify procedures and steps that all employees will be expected to follow. The largest section is regarding use of the Cal-Card, which moving forward will have better oversight and control. Moses Diaz, City Attorney mentioned that he has not yet reviewed the document. Staff will be sending it the City Attorney as soon as its ready for review and then will be brought to Council for approval. The City Council is in consensus to review the draft Purchasing Manual, make any suggestions for changes and reviewed by City Attorney. This Item will be brought back for adoption by Resolution once completed. B. Authorization for Purchase EV Charging Stations through Congestion Mitigation and Air Quality (CMAQ) Grant Funding & Application to the San Joaquin Valley Air Pollution Control District Charge-up Grant Program: Community Development Director Yang reported that in October of 2018, the City applied and allocated $137,000 Congestion Mitigation and Air Quality (CMAQ) Grant Funding and $18,000 of local funds towards the application for purchasing Electric Vehicle Charging Stations. This funding is available through allocations from the Kings County Area of Governments (KCAG) as part of the Transportation regional plan. Since then, the City has requested to carry over the allocated funding year to year due to lack of staffing and the hope of cheaper and better technology. In August of 2022 City staff contact the only vendor, BEAM, about a possible proposal for two (2) EV chargers to be located at City Hall and Police Department. In order to streamline the process of purchasing and going into a contractual service with the BEAM, The City will utilize the already approved State Contract ID 1-22-61-16 (attached) to purchase the EV Chargers. With the indication of utilizing the State contract, the Vendor BEAM Global then sent over a proposal for City staff to review. The proposal was sent to the Public Works Department, Finance Department ant City Manager for review and processing. The proposal is attached to staff report for City Council. Additionally, staff reached out to the San Joaquin Valley Air Pollution Control District to find out of any grants that may help the City with it is 11% matching portion and discovered that the City could qualify for up to $12,000 ($6,000 per charger), that could bring down the City’s match to $6,000. Staff is requesting this item be added as an Emergency item to the October 27, 2022, Council meeting in order to meet the deadline to accept the quote under 30 days. The vendor has indicated the price may go up in November and is urging the City to move quickly on placing the order. Likewise, Staff only recently became aware of the grant funding opportunity, which requires approval from the SJVAPCD first before making any purchase. Staff would like to move as quickly as possible to ensure sufficient funding. 1. Approve Resolution No. 2022-57 authorizing the City Manager to submit purchase of the EV Chargers through the State Contract from BEAM Global at the amount of $150,148.00 as proposed in the proposal. 2. Authorize Resolution No. 2022-58 authorizing the City Manager to submit grant application to the San Joaquin Valley Air Pollution Control District, Charge-Up, grant program. 3. If approved, Staff will re-introduce the item for ratification at the November 10, 2022, Council meeting. Also, the Fiscal Impact: $137,000 - Congestion Mitigation and Air Quality (CMAQ) Grant Fund – KCAG: $18,000 – 100-170- 65500 Community Development Professional Services (potentially lowered to $6,000 with Charge-Up Grant) After a brief, discussion the following action was taken. RESOLUTION 2022-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE PURCHASE OF TWO EV CHARGING STATIONS THROUGH FROM BEAM SOLAR USING CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDS. Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried. RESOLUTION 2022-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT CHARGE-UP GRANT PROGRAM. Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried. Joint Meeting City Council/Successor Agency/PFA – October 27, 2022 Page 6 of 6 Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, , Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez reported the following: 1) Thanked the Council for a speedy meeting; 2) October 28th - Trunk or Treat; 3) November 9th after the PD's event. A little presentation from the present area Hispanic Foundation; 4) November 18th, staff Thanksgiving luncheon; and 5) Operation double s as November 22nd. Councilman Gravelle requested Humberto Bermudez assistance on November 17th. Councilman Verdugo voiced concerns with a meeting held Monday with Mental Health it somewhat productive. These services are not provided, and they will continue to do what we can for those services to be in Avenal. Also, the state provided provided funding for these services and need to fix the disconnect. Moses Diaz, City Attorney stated that was incredibly happy with very thorough job on the Emergency Item. Mayor Preciado reported the following: 1) attended many meetings ; and 2) Thanked Staff and all be safe. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:00 p.m. Respectfully submitted, aria Ortiz, City Clerk