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 MAY 25, 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 5:02 p.m. ROLL CALL: Councilmembers: Pablo Hernandez, Ricardo Verdugo, Mayor Alvaro Preciado. ABSENT: Mayor Pro Tem Ramirez, Councilman Luis Gravelle STAFF: Lopez, Ortiz, Bermudez, Davis, Nevarez, Davis, Lynch. LEGAL COUNSEL: 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 5:33 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: City Employees Bargaining Units 1-5 / APOA. C. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Position of: • City Manager Mayor Preciado re-opened the City Council meeting at 6:45 p.m. with nothing to report. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Antony Lopez, City Manager Introduce New Employee: Nina Garza - HR/Risk Assistant. Mrs. Garza glad to be back working with City of Avenal. Also, will promoting the Jaripeo. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). Maria Ortiz, City Clerk announced that the Resolution numbering was incorrect, and the Resolution will start with 2023-25 & 2023-26. The correction has been done to the agenda packet. Joint Meeting City Council/Successor Agency/PFA – May 25, 2023 Page 2 of 4 Mayor Preciado pulls item D. Consider Entering into an M.O.U. with Avenal Rotary Club for June 11, 2023, Leneva Jaripeo y Baile and will move to Item 6-A. A. Consider City of Avenal/Successor Agency’s Approval of Minutes for May 11, 2023. B. Consider Amending 10-precent Retention for City Projects – Seventh Street Project & Community and Recreational Sports Center Project (Resolutions: 2023-26 & 2023-27). C. Consider Approval to Rebuilt Lift Pump #4. Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, seconded by Council Member/Successor Agency Member Hernandez, and motion carried. 2023-25: THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING THEIR INTENT AND MAKE FINDINGS TO WITHHOLD TEN (10) PERCENT RETENTION FOR THE FOLLOWING PROJECTS: SOUTH SEVETH AVENUE STREET PROJECTS (SR 269 to HWY-33). Councilman Verdugo motion to approve, second by Councilman Hernandez and carried. 2023-26: THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING THEIR INTENT AND MAKE FINDINGS TO WITHHOLD TEN (10) PERCENT RETENTION FOR COMMUNITY BUILDING PROJECT. Councilman Verdugo motion to approve, second by Councilman Hernandez and carried. Roll Call Vote: AYES: Verdugo, Hernández, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider Entering into an M.O.U. with Avenal Rotary Club for June 11, 2023, LANeva Jaripeo y Baile. City Manager Lopez reported that The LaNeva Jaripeo y Baile is a new event spearheaded by Avenal Rotary to bring a new avenue of entertainment to the community, and potential revenue source to continue supporting Rotary’s non-profit activities. This event includes a portion of bull riding, and dance, with food and alcohol sales, booth vendors, and entry tickets. Attached is a flyer which details more about the event. Staff is seeking formal consent by Council to collaborate and commit resources to this event in collaboration with Avenal Rotary. He continues that examples of potential resources being used are City facilities (which now have a charge to non-profits), staff time to help manage certain activities, advertising the event, and city equipment. The City is currently helping the event by offering ticket sales at City Hall. The largest contribution will be City equipment and staff time to prepare the Avenal Sports Complex for the event. Staff has prepared a basic M.O.U. to be signed by both the City and Avenal Rotary Club to begin the process of more formally recognizing the collaboration between both the City and Avenal Rotary Club, and authorizing the waiving of fees for City facilities, and allowing the City’s participating in the event. In return, Avenal Rotary agrees to share 35% of its profits to the City. With Avenal Rotary managing the event, Avenal Rotary will provide insurance for the event. The subcontractors of the musical bands and bull riding will also provide their own insurance and indemnify the City and Avenal Rotary for their activities. Staff is recommending, by motion, authorizing the City Manager to sign an M.O.U. with Avenal Rotary Club regarding the collaborations for the 2023 LaNeva Jaripeo y Baile. FISCAL IMPACT: Small loss in revenue by waiving the rental fees for City facilities and some staff time to prepare the facilities. In return, Avenal Rotary agrees to share 35% of its profits from ticket, food, and other relevant sales back to the City. As this is the first time an event like this takes place, potential revenues. Councilman Hernandez motioned to authorizing the City Manager to sign an M.O.U. with Avenal Rotary Club regarding the collaborations for the 2023 LaNeva Jaripeo y Baile. Mayor, second by Mayor Preciado and carried. Roll Call Vote: AYES: Hernández, Preciado. NOES: Verdugo. ABSENT: Gravelle, Ramirez. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – May 25, 2023 Page 3 of 4 ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Community & Economic Development Activity Report: Kao Nou Yang, Community & Economic Development Director. Gisselle Lynch, Community Development Assistant reported the following: 1) Planning Division - Zoning / Land Use Permits: A Certificate of Occupancy for a new Tattoo/ Body Art business located at 744 Skyline Blvd; 2) Business Inquiry Forms – reviewing 2 Business inquiry forms – ranging from Home Occupation Permits to small new retail business. 3) Long Range Planning: Zoning, Subdivision and Building Ordinance – currently working on updates and revisions with QK to discuss the draft administrative draft for the zoning and subdivision ordinance. We are continuing to move forward regarding the types of uses and the permitting table. Housing Element - working with Kings County for the updating of the Housing Element which is encompassed within the General Plan. The Housing Element is up for review and updating by HCD as per state regulations. The currently Housing element is a multi- jurisdictional document that include all the cities and unincorporated area. With the lack of staffing here at the city, staff determine that the county would take lead in updating and doing the RFP for a consultant to revise and update the element to meet state standards and requirements. The City Council has approved and authorized the City Manager to Sign the Agreement with the City and the County. On May 23, 2023, the County took the agreement for approval with the Board; 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 or resident has any questions, we are happy to help answer and show you how to submit online. PLEASE NOTE: any new building permits being submitted now will need to comply with the new 2022 California Building Code. If they do not comply with new building regulations, they will be rejected and considered incomplete. From January 2023 to May 2023, the city has already received over 100 electronic submissions of Building permits. We are continuing to do Inspections on Monday, Wednesday, and Thursday as schedule with our Willdan Inspector. The Building Inspector Position is currently out for recruitment; 5) Grants: Community Center- In the month of April, the City was informed about additional funding for the Community Center. HCD has awarded the City 3.5 million to help complete the full build out of the Community Center; 6) Economic Development (CrissComm): Monthly Report and Update from Economic Development Team CrissComm - Surplus Land Act – Disposition Letter sent to HCD. Waiting on HCD response. HCD has 30 days to respond to disposition letter. Programs: First Time Home Buyer Program – Flyer is available at City Hall. Ongoing 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. Ongoing 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) 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. 2. Police Department Activity Report: Robert A. Nevarez, Chief of Police. Robert A. Nevarez, Chief of Police reported the following: 1) Leadership Stability; 2) Recruit and Retain the best; 3) International Model of Community Trust; 4) Amongst the safest cities in America; and 5) Embrace wellness amongst our employees B. Special Presentations/Reports: 1) None. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Approval for Kings County Behavioral Health to Reconstruct the Digital Signage on the Kings St/Skyline Blvd. Intersection. Humberto Bermudez, IT Manager reported that the Kings County Behavioral Health has begun an initiative to provide services within the City as requested by our community. A major factor of success for any organization within the City is outreach. Unfortunately, Avenal has historically struggled with this due to a lack of both effective digital and physical outreach methods. The Kings St./Skyline Blvd. intersection has a perpetual digital message of the City Council date and location and the City entrance on Highway 269 Joint Meeting City Council/Successor Agency/PFA – May 25, 2023 Page 4 of 4 currently has an unlit billboard which is only effective with both sunlight and large high-contrast text. Kings County Behavioral Health has reached out to the City proposing an offer to build digital signage as means of advertising. After several meetings and discussions between KCBH and City Staff, KCBH is hoping to focus on outreach to our residents through a large digital sign. From these discussions, Staff is recommending that KCBH focus on replacing the sign on the Kings/Skyline intersection. Staff recommends by motion to grant Kings County Behavioral Health permission to replace the digital sign at the Kings/Skyline intersection. KCBH will work with the selected vendor, to have the new sign installed. After which, it will be the City’s responsibility to utilize and maintain the sign moving forward. Attached are four quotes which Staff is recommending KCBH to review and accept a version of. Staff is recommending a 4’ x 8’ sign which will be fully digital, front, and back. Staff is also following up with these vendors to purchase and replace additional signs across the City. From the ARPA funds, $300,000 had been allocated for these projects. Luckily this sign will not require any City funding. Councilman Verdugo motioned to grant Kings County Behavioral Health permission to replace the digital sign at the Kings/Skyline intersection. KCBH will work with the selected vendor, to have the new sign installed. After which, it will be the City’s responsibility to utilize and maintain the sign moving forward, second by Councilman Hernandez and carried. Roll Call Vote: AYES: Verdugo, Hernández, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Maria Ortiz announced a tour with Culture Cannabis Club scheduled for May 30th 11:00 am located in Porterville. Please let her know who will be attending. City Manager Lopez thanked all for a speedy meeting. Councilman Verdugo reported the following: 1) He spoke with some Avenal High School students that attended Prom and they mentioned they enjoyed it. So, they’re considering having Sobor Grad Night at Theater.; and 2) addressing abounded vehicles around town epically on schools’ sites. Mayor Preciado reported the following: 1) many meetings and thanked all for attending. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 7:39 p.m. Respectfully submitted, Maria Ortiz, City Clerk