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 JUNE 22, 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: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Williams, Nevarez. 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. Antony Lopez, City Manager adding an emergency item Consider Approval for Kings County Behavioral Health to a Second Digital Signage on Highway 33/Skyline Blvd. Intersection, and this item is time sensitive for New Business Item A. Councilman Gravelle motioned to add Emergency Item Consider Approval for Kings County Behavioral Health to a Second Digital Signage on Highway 33/Skyline Blvd. Intersection, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Gravelle, Preciado, Hernández, Verdugo, Ramirez. NOES: None. ABSENT: None. ABSTAIN: None. 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: City Employees Bargaining Units 1-5/APOA. B. 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 6:50 p.m. with nothing to report. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Rosa Sierra commented on the following: 1) she is grateful the city hosts and the meetings online; 2) she is here in person to express her disappointment at comments at Council meetings and dishearten to have council members who do not support the community with Joint Meeting City Council/Successor Agency/PFA – June 22, 2023 Page 2 of 5 their struggles and needs regarding vehicles, noise restrictions, community garden and food distribution. She feels community involvement and responsibility is necessary, but the community and city need to work together. She has never known the city to turn its back against the committee and without the cities help on these events and distributions it would not take place. Think twice about the comments, you make remember the people you serve. Please do what is right for the community. Respectfully and thank you for your time. Chief Nevarez has a special recognition for – Officer Jose Garcia, Joshua Alvarado & Sargent Roldan Deleon. Chief Nevarez recognized Officer Jose Garcia, Joshua Alvarado & Sargent Roldan Deleon for taking a combative, gun-armed suspect into custody. During the struggle, the gun was discovered yet he was taken into custody without significant force. Also, highlight the positive, uplifting stories that help strengthen community relations. 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 June 8, 2023. B. Consider FY 2023/24 Local Transportation Fund Claim (LTF): Resolution 2023-30. C. Consider Approving an Intergovernmental Agreement between the City of Avenal and County of Kings for the Collection of Impact Fees: Resolution 2023-31. D. Consider Amending the City’s Standard Specifications and Drawings to Require a One (1) Inch Water Meter on all New Construction Single-Family Residential Homes: Resolution 2023-32. E. Consider Adopting Regular City Council/Successor Agency/PFA Meetings Schedule for 2023-2025. F. Consider Adopting a Resolution Recognizing the Need for a Community Choice Aggregation (CCA) Program and Taking Steps to Form the Necessary Committee: Resolution 2023-33. Mayor Pro Tem/Council Member/Successor Agency Member motioned to approve Consent Calendar, seconded by Council /Successor Agency Member Hernandez, and motion carried. RESOLUTION 2023-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING A CLAIM TO BE MADE FOR THE LOCAL TRANSPORTATION FUNDS FOR THE 2023/24 FISCAL YEAR, FINDING NO UNMET PUBLIC TRANSIT NEEDS AND AUTHORIZING THE CITY MANAGER TO MAKE AND AMEND SUCH CLAIMS. Mayor Pro Tem Ramirez approved, seconded by Councilman Hernandez and motion carried. RESOLUTION 2023-31: A RESOLUTION OF THE CITY COUNCUL OF THE CITY OF AVENAL APPROVING AN INTTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AVENAL AND THE COUNTY OF KINGS FOR THE COLLECTION OF IMPACT FEES ON NEW DEVELOPMENT WITH THE CITY OF AVENAL. Mayor Pro Tem Ramirez approved, seconded by Councilman Hernandez and motion carried. RESOLUTION 2023-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING THE CITY’S STANDARD SPECIFICATION AND DRAWING TO REQUIRE A ONE (1) INCH WATER METER ON ALL NEW CONSTRUCTION SINGLE FAMILY RESIDENTIAL HOMES. Mayor Pro Tem Ramirez approved, seconded by Councilman Hernandez and motion carried. Councilman Verdugo abstained from Consent Calendar Item - D. Roll Call Vote: AYES: Ramirez, Hernández, Gravelle, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. The Council was in consensus to tabling Item F.: Consider Adopting a Resolution Recognizing the Need for a Community Choice Aggregation (CCA) Program and Taking Steps to Form the Necessary Committee: Resolution 2023-33. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Discuss the Avenal Community Garden - Plans and Ideas: City Manager Lopez mentioned that at the request of Council, Staff is providing information on the Per Capita Grant program from the California State Parks Department, and the approved used by the Council towards creating a Community Garden and rehabilitating the Avenal Sports Complex. The Per Capita Program originates from Proposition 68, placed on the ballot via Senate Bill 5 and approved by voters on June 5, 2018. Funds are available for local park rehabilitation, creation, and improvement grants to local Joint Meeting City Council/Successor Agency/PFA – June 22, 2023 Page 3 of 5 governments on a per capita basis. The City of Avenal’s allocation is for $177,952. The City applied for these non- competitive funds in December of 2020. On April 13, 2023, the Council approved a deed restriction be recorded for the parcel where the skate park and garden are in order to qualify for reimbursement for work at the garden. To date:  $21,600.40 has been spent on materials and supplies for the garden.  Planter boxes have been laid out according to the map.  The front and rear fence have been installed.  Irrigation installed and accessible to each planter box. Still needed:  Pour concrete pad. o Purchase and install Gazebo.  Bring underground electrical or create a solution with solar for restroom and lights.  Purchase solar lights to illuminate garden and skate park.  Find restroom/storage building, o A lot of trouble here. No one response from most vendors, or poor follow-up. Kern Steel Buildings who built restrooms at Rice Park has stopped answering as of a month ago.  Spread DG across site. According to Public Works, the site is ready for use, provide users are willing to bring and take their tools, and wait until the rest of the pending items are completed. Staff continues to work on completing the remaining items for the garden, and identifying community members who are willing to form a board or committee to help in the running of the garden, with Community Activities serving as oversight. Staff’s expectation is to begin inviting community members to the garden in the coming weeks. A fee of $10 per month per box, will be recommended to the Council for adoption to instill a sense of sustainability with the garden. Staff feels confident that local businesses will be willing to donate and sponsor boxes to allow the community to use the garden virtually for free. If the Council elects to stop utilizing City staff, resources, and work time at the garden, Staff will need clear direction on the paraments and next steps with the property and the grant. The Council consensus to keep working on the community garden. B. Report on June 11, 2023, LaNeva Jaripeo y Baile. City Manager Lopez went over Laneva Jaripeo y Baile event with the City Council the event earning a little over $3,441 in total profits. The breakdown of the funds is provided, with the City set to receive $1,204.65 per the MOU with Avenal Rotary. At this time, the event coordinators are pleased with the results, although they had remained hopeful of a larger profit margin. Avenal Rotary and the other event coordinators are looking for ways to minimize costs to potentially host another similar event in late July or in August. They are hopeful if costs are reduced, more profits could be gained. Staff has also heard similar positive feedback from the community and many asking when the next one will be held. If Council has any questions or feedback regarding the event, Staff will be happy to share back with Avenal Rotary. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports 1. Community & Economic Development Department Report: Kao Nou Yang, Director City Manager Lopez mentioned that Kao Nou Yang, Director of Community and Economic Development Conference and promoting Avenal. City Manager Lopez reported on the following: 1) Planning Division; 2) Long Range Planning; 3) Building Division; 4) Grants; 5) Economic Development CrisCom gave report; and 6) 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. Joint Meeting City Council/Successor Agency/PFA – June 22, 2023 Page 4 of 5 2. Police Department Report: Chief Robert Nevarez. Chief Robert Nevarez reported the following: 1) Leadership Stability; 2) Recruit & 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): Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority: A. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2023/2024 Budget: • Staff Report • Public Hearing • Discussion/Action: Approval by Resolution. City Manager Lopez reported that The Community Development Block Grant (CDBG) Program regulations require that the City conduct a public hearing on all CDBG-related matters to provide for and encourage citizen participation, particularly by low- and moderate-income persons who reside in areas in which CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the City’s proposed acceptance of the submittal of a 2019/2020 CDBG Grant application and to make their comments known on the proposed activity – Avenal Community Sports and Recreation Center. A public notice was published in the June 14, 2023, issue of the Hanford Sentinel notifying the public of this public hearing. In February 27, 2020, the City Council approved Resolution 2020- 23 approving the application Submittal for the 2019/2020 CDBG-OTC NOFA for Public Facilities $3,500,000.00 for the Avenal Community Sports and Recreation Center. Since then, the application was accepted, and the project was placed on the Over-the-Counter CDBG list for funding. In April of 2023, the City received information that the project (Avenal Community Sports and Recreation Center) will be funded this year through the OTC funds of the 2022/2023 Fiscal Year. The funding will be the full $3,500,000.00 for the Avenal Community Sports and Recreation Center. A new application and revision of the original proposed work will need to be updated and resubmitted to HCD as a condition of the Standard Agreement as well as a public hearing to be conducted regarding the application and acceptance of the funding. This item has been reviewed by Community Development and City Manager. Staff recommends that Council, open the public hearing to accept comments on the City’s acceptance of the submittal and funding of the application in response to the 2019/2020 State Community Development Block Grant (CDBG) over -the counter (OTC) fund, and to solicit citizen input. Also, Adopt Resolution No. 2023 -23 approving an application for funding and the execution of a grant agreement and any amendments thereto from the 2021-2022 funding year of the state CDBG program. Mayor Preciado opened Public Hearing at 7:37 p.m. and with no public comment closed at 7:38 RESOLUTION 2023-33: A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez, Roll Call Vote: AYES: Verdugo, Hernández, Gravelle, Ramirez, Preciado NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Approval for Kings County Behavioral Health to a Second Digital Signage on Highway 33/Skyline Blvd. Intersection: Humberto Bermudez, IT Manager reported to consider Approval for Kings County Behavioral Health for a Second Digital Signage on the Highway 33/Skyline Blvd. Intersection Kings County Behavioral Health is preparing to budget for two signs for Fiscal Year 2023- 2024, requesting that we choose a second location for a secondary sign. After discussing with the City Manager and the Community Activities Supervisor, we have agreed that should we place a secondary sign of the same design (a 4x8ft double sided monument signage of 6mm pitch), the city would place the signage at the Highway 33/Skyline Intersection. The land is owned by Caltrans, but Joint Meeting City Council/Successor Agency/PFA – June 22, 2023 Page 5 of 5 the signage would be placed away from the road and curb. Nor would we require damaging the road during construction. If granted permission to use the space, the city will work with Caltrans to acquire permission to use their land for said signage. Staff recommends, by motion, allowing Kings County Behavioral Health permission to install a new digital sign at north side of the Highway 33/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. Staff also recommends that the Council bring this item back for ratification at the July 8, 2023, City Council meeting. After brief discussion, Councilman Verdugo motioned to approve Kings County Behavioral Health permission to install a new digital sign at north side of the Highway 33/Skyline intersection, seconded by Councilman Hernandez and motioned carried. Roll Call Vote: AYES: Verdugo, Hernández, Gravelle, Ramirez, Preciado NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mayor Pro Tem Ramirez reported the following: 1) his concern with tall weed, debris on Hwy33 and needs to be cleaned up it makes it hard to see oncoming traffic. City Manager Lopez responded that he would email the City Council regarding Public Works brought up that they had worked out with Caltrans that they were going to mow some of tall grass and Caltrans would come at a later date. Also, with Clean California on Hwy33 we are hoping that maybe there will be dry scaping to avoid this problem in the future and come back with an update. Antony Lopez, City Manager: 1) He will be out of the Country returning on July 4th; 2) also, has estimates on Community Center and Road Projects hoping to go out to bid next month; and 3) Invited all to our 4th of July Celebration at Rice Park not at the Sports Complex at 6PM-10PM and will be a grate evening hope to see you all there. Councilman Gravelle thanked all City Employees for all they do. Councilman Verdugo reported the following: 1) attended the graduating class and it was well attended and attended; and 2) attended Tobacco meeting. 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 8:04 p.m. Respectfully submitted, Maria Ortiz, City Clerk