City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING APRIL 13, 2023; 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 5:15 p.m. ROLL CALL: Councilmembers: Ricardo Verdugo left meet 6:15 p.m., Pablo Hernandez, Mayor Alvaro Preciado, Mayor Pro Tem Ramirez, Councilman Luis Gravelle. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, 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. The City Council went into Closed Session at 5:19 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). It is the intention of this governing body to meet in closed-session concerning Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)). Initiation of litigation (Government Code § 54956.9(d)(4)). Number of potential cases is: _1_ B. Conference with Real Property Negotiator(s) (Government Code § 54956.8). It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows: Property Description: APN: 038-290-028-000 Negotiator(s): City Manager/City Attorney Party with whom negotiating Avenal Sand Drags Association, Inc. Instructions to negotiator concerning: Terms of Payment. C. PENDING LITIGATION (Government Code § 54956.9). It is the intention of this governing body to meet in closed-session concerning Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)1)). Parties, case/claim no: North Coast Rivers Alliance et al. v. United States Bureau of Reclamation, et al. (United States District Court, Case No. 1:16-cv-00307-JLT-SKO Mayor Preciado re-opened the City Council meeting at 6:09 p.m. and reported the following: The City Council approved temporary agreement for $1,000 with the Avenal Sand Drag Association for parking at the Spring 2023 event. Councilman Gravelle motioned to approve temporary agreement for $1,000 with the Avenal Sand Drag Association for parking at the Spring 2023 event, second by Councilman Hernandez and motioned carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – April 13, 2023 Page 2 of 4 PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Special Recognition – Avenal Police Department: Officer Mariano Sanchez Chief Nevarez presented Mariano Sanchez plaque for his hard work, dedication and going above and beyond the call of duty when organizing a Block Party at Whitney St. & Corcoran Ave. His first time organizing this type of party and it was great and will be remembered by the community. Also, Cynthia Morales will conducting the next Block Party with Officer Sanchez help. City Manager Lopez commended Officer Sanchez. Moses Diaz, City Attorney announced new attorney Regina Gonzalez 19-year of experience and will be helping with Planning Commission and other items. City Council & Staff welcomed Ms. Gonzalez to Avenal. Ms. Gonzalez stated that she is looks forward in working for City of Avenal. 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: March 23, 2023. B. Consider Authorizing a Deed Restriction to Parcel APN: 040-204-011-000 as part of 2018 Parks Bond Act Per Capita Grant Program: Resolution 2023-19. Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, seconded by Council Member/Successor Agency Member Hernandez, and motion carried. RESOLUTION NO. 2023-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING THE COMPREHENSIVE SALARY SCHEDULE TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 AND 571, AND MIMIUM WAGE, TO REFLECT APPROVED RATES FOR ALL CLASSIFIED EMPLOYEES OF THE CITY OF AVENAL. Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: 1. Discussion on Major Projects List & Hirings: City Manager Lopez mentioned that this item staff went over with the City Council regarding Major Projects List & Hiring. Also, an updated list with each department working with City Manager to update the Major Projects list. I've been working with our department heads. We've broken it up. Separate pages for each department and kind of projects, creative projects for the year. The council should be aware of and. Yeah. Kind of see where we're at, what's going on. Also, we'll have list of kind of some of the To Do List of projects we need to get started. But maybe we're just not at that point yet, haven't had the bandwidth for it. So I don't believe there'll be any questions. And as I stated, my plan is to bring this at the top of each month. So next meeting we won't have it. For the following meeting we will. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director. Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance. 2. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Internet Access; 2) Phone System; 3) Server; 4) City Clerk software; and 5) Others: Deploys a configuration profile for City-owned smartphones designed to prevent activation locks, jailbreaking, allow for remote locking in the event of misplacement or unauthorized use, and remote deployment of work-related applications without the need of an Apple ID. -Converted ADT’s POTS-based alarm system over to their mobile-based offering. -Repairs camera system at Veterans Hall -Uses Veteran’s Hall RFID fob entry configuration to repair City Hall’s fob entry system. -Continues to work with Joint Meeting City Council/Successor Agency/PFA – April 13, 2023 Page 3 of 4 KCAG to allow regular remote viewing and participation of their monthly meetings -Continues to maintain the city website and provide tech support across all facilities. - Attends Kings County Multi-Jurisdictional Hazard Mitigation Plan with other department heads. -Attends meeting w/ Kings County Behavior Health regarding digital signage around the City. B. Special Presentations/Reports: 1) None. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. 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, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Review and Update of City Salary Schedule for Classified Staff: Griselda Price, Director of Administrative Services. Resolution 2023-20. (Discussion/Action). Griselda Price, Director of Administrative Services reported that The California Code of Regulations (CCR) Section 570.5 and amendments to 571(b) require a consolidated Salary Schedule which shows all City classifications and salary ranges for purposes of determining eligible salary compensation for retirement be publicly available. The consolidated salary schedule must be adopted by the City Council even though compensation changes are typically approved via a Memorandum of Understanding and/or employee salary and benefit Resolutions. The attachment to Resolution 2023-20 represents the Amended City Salary Schedule including wage increases for approval. Since 2017, California has implemented scheduled increases to the minimum wage. The final increase for employers with twenty-six (26) or more employees based on this schedule was effective January 1, 2022, increasing the minimum wage to $15.00 per hour. Up to this year, all City positions were just above $15.00 minimum wage threshold. However, due to inflation, the new law automatically implemented a .50¢ increase starting January 1, 2023, which places Ranges A - C.5 out of compliance. Historically, since Esther Strong was the Administrative Analyst, the City would accordingly focus on bump up those ranges as minimum wage was raised. Currently no employee is being paid below minimum wage. As Council is aware, Staff does intend to conduct a salary comparison analysis to ensure City wage offerings are competitive with similar and neighboring jurisdictions. Staff recommends by Resolution, adopt the amended City of Avenal Salary Schedule for Classified Staff for FY 2022-2023. RESOLUTION 2023-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING THE COMPREHENSIVE SALARY SCHEDULE TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 AND 571, AND MIMIUM WAGE, TO REFLECT APPROVED RATES FOR ALL CLASSIFIED EMPLOYEES OF THE CITY OF AVENAL. Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – April 13, 2023 Page 4 of 4 B. Consider Proposals for Consultation Services to Provide Prop 218 Rate Study for Refuse Collection and Street Sweeping Enterprise Funds: City Manager Lopez reported that the City’s contracts with Midvalley Disposal to act as the City’s solid waste refuse hauler, and street sweeper operator. These services operate under their own enterprise account which means the money the City collects from utility bills, should pencil out the cost of the service from Midvalley. Over the years, new rules and laws have added requirements to solid refuse haulers like Midvalley which they have to adhere to, most notably SB1383 Organics, dictating the collection of organic materials away from typical landfills. Understandably this means more costs on the City and the end user. Now that the City’s agreement with Midvalley from 2011 has expired and SB1383 requires all local jurisdictions have updated agreements which reflect all the new laws and requirements, is it time to review and update the fee schedule for refuse hauling and street sweeping. As per the City Attorney’s advice, the City must conduct a Proposition 218 rate study for these services to ensure they are legally adopted. A rate study will be good for five years of rate changes, helping ensure the City’s balances remain in the black and not a deficit. Now is a good opportunity to begin the process of a new rate study that can go into effect after July 1, 2022. Conducting this study will also help with the improve the City’s bond rating if the City ever required to. City Staff reached out to several firms, and received proposals for a Prop 218 water and wastewater study from one: • Willdan Financial Services – Interested, no proposal yet. • SCS Engineers – No Response. • Interstate Gas Services (IGS) – Total Cost Not to Exceed: $16,700 (Does not offer Noticing/Mailing, City would have to conduct that itself). City Manager Lopez continues that although IGS does not offer to send out the notices for the public hearings, they will prepare the necessary paperwork. Given the overall costs, urgency to adopt new fees to adhere to SB 1383, and IGS’ success with the water/wastewater study, Staff recommends that Council Authorize the City Manager to negotiate and execute an agreement with Interstate Gas Services, Inc. DBA IGService (IGS) for the purpose of IGS conducting a Proposition 218 Rate Study for the City’s Recycling, Refuse Collection and Street Sweeping Enterprise Funds. It will be drawn from the Enterprise Recycle and Refuse Professional Services Fund: 16.1-14100-655 & 16.2-15100-655 RESOLUTION 2023-21: ENTERING INTO AN AGREEMENT WITH INTERSTATE GAS SERVICES, INC. DBA IGSERVICE (IGS) FOR PROPOSITION 2018-COMPLIANT RATE STUDY FOR THE CITY’S RECYCLING, REFUSE COLLECTION AND STREET SWEEPER ENTERPRISE. Councilman Gravelle, motioned to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Maria Ortiz, City Clerk reported the following: 1) April 21st Grand Jury Open House 11AM – 2PM; 2) May 12th Change of command Ceremony at 700 Avenger Ave. Naval Air Station Lemoore CA; 3) Save the date May 10, 2023; 4) City-County Coordinating Meeting Hanford. City Manager Lopez reported that April 29th Veterans Memorial Ceremony City of Corcoran. Thanked the City Council for a speedy meeting. Mayor Preciado reported the following: 1) went to conference and will update next meeting. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 7:10 p.m. Respectfully submitted, Maria Ortiz, City Clerk