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 AUGUST 10, 2023; 5:00 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: Councilmen’s: Luis Gravelle, Ricardo Verdugo, Pablo Hernandez Mayor Alvaro Preciado. ABSENT: Mayor Pro Tem Ramirez. STAFF: Lopez, Ortiz, Price, Bermudez, Williams, Nevarez, 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 5:23 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. PENDING LITIGATION (Government Code § 54956.9). a. 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. Facts and circumstances clearly known to potential plaintiff (if any) that might result in litigation (Government Code § 54956.9(e)(2)): none. b. Conference with legal counsel – PENDING LITIGATION (Government Code § 54956.9). Deciding whether or not basis exists for closed session for anticipated litigation (Government Code § 54956.9(d)(3)). Number of potential cases is: 1. C. 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: Mayor Preciado re-opened the City Council meeting at 6:58 p.m. with nothing to report. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Joint Meeting City Council/Successor Agency/PFA – August 10, 2023 Page 2 of 4 Jesus Mendez, ex-employee of City of Avenal wanted to share a bit of information, a lot of correspondence with City Manager. Mr. Mendez has been waiting for something back from the city regarding his grievance. Mr. Mendez had over 2-hour conversation with Mr. Lopez and Mayor Preciado at Mr. Mendez residence and made him feel that there was, you know, the fact that they showed up at his residence and took a statement from him after Mr. Mendez was fired, told Mr. Mendez that there were some concerns. Mr. Mendez is concerned because he has not heard anything back and meanwhile, he has a life, family, and bills to pay. Mr. Mendez is left no response and has called Antony Lopez, City Manager many times recently and Ms. Maria “Angie Ortiz, City Clerk returned calls and Mr. Mendez thanked her for that. Mr. Mendez’s continues that he realizes that it takes time, but meanwhile his family is suffering because of poor decisions made by Chief Robert Nevarez, and Captain Lenny Lujan. Mr. Mendez know that some of the information is coming to the City Council, but Mr. Mendez is getting nothing in return. So, it's just it's concerning. Also, there are residents that support him that day from the City of Avenal in the eight months employed by the city and that is the impact he had in the community. If Mr. Mendez could finish his career like his hopes were where that that impact would be much bigger. Chief Robert Nevarez knows this because Chief Nevarez's gave Mr. Mendez a letter of commendation, put him in charge of the Citizens Police Academy, Avenal Explorers Program and the Santa Sledge giving toys to the community. Mr. Mendez did it for the community that the City Council represent, and he can't even get a call back. Mr. Mendez thought much more of this administration and realizing the City Council cannot respond to any questions. Mr. Mendez would like a response to anything instead of just leaving him stressed knowing that he did nothing wrong, and his career after 18 years is gone. Also, meanwhile, the Avenal Police Department is hiring retirees from Fresno PD. Mr. Mendez thanked the City Council for their time. Moses Diaz, City Attorney states that there was a delay of certain documents that were forwarded to his office for about 10 days. So, Public Interest Law Firm a Professional Corporation did finish completing review of the documents provided by Mr. Mendez. Therefore, Staff will be following up soon. City Attorney Diaz apologize for the delay. Sergio Ramirez, resident of Avenal stated that he known Mr. Mendez since he was a kid and he raised cattle. Mr. Ramirez would like the City Council to investigate and see if Mr. Mendez was fired with justice or not. Also, he has 100-signatures in support of Mr. Mendez and more. City Manager Lopez is requesting the City Council to consider moving item 7-B. Special Presentation: 1) Avenal Regional Landfill report; 2) MidValley Disposal report after Item 5. Consent Calendar. The City Council was in consensus to move up items to be considered. 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 July 13, 2023 & July 31, 2023. B. Professional Service Contract with Workforce Investment Board of Tulare County Regarding the Consulting Services for Community and Economic Development in the Kings-Tulare Valley, California Economic Resilience Fund (CERF) Subregion: (Approval by Motion). C. Consider Approving a Transfer of Ownership, and Waiver, Release, and Indemnity Agreement in the Retirement of a Police Service Dog from the Avenal Police Department (Resolution 2023-34). D. Ratify Tentative Agreement with Avenal Police Officer’s Association for Cost-of-Living Adjustments (Resolution 2023-35). RESOLUTION 2023-34: A RESOLUTION APPROVING A TRANSFER OF OWNERSHIP, AND WAIVER, RELEASE, AND INDEMNITY AGREEMENT IN THE RETIREMENT OF A POLICE SERVICE DOG FROM THE AVENAL POLICE DEPARTMENT. Councilman Gravelle approved, seconded by Councilman Hernandez, and motion caried. RESOLUTION 2023-35: Resolution of the City Council of the City of Avenal Ratifying a Tentative Agreement with the Avenal Police Officer’s Association (APOA) For FY 2023/2024 & FY 2024/2025. Councilman Gravelle approved, seconded by Councilman Hernandez, and motion caried. Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, seconded by Councilman/Successor Agency Member Hernandez, and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – August 10, 2023 Page 3 of 4 7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: B. Special Presentations/Reports: 1) Avenal Reginal Landfill Report: George Anderson, Landfill Site Manager. George Anderson, Landfill Site Manager reported the following: 1) Q2. 96,737 tons inbound; 2) Divergent rate that cover material for alternative daily cover about 12,500 tons, recycled 2400 tons of concrete, and 3155 tons of road base which used to renew their road surfacing; 3) AB1383 zero green waste; 4) Still have commodity of wood chips that we're purchased; 5) due to rain they have a lot of vegetation growth and delayed some of the wood chips going out on the western slope; 6) diversion rate of 31,555 tons and diverted metals 53 tons; 8) New Cell 6. A – it is to maximum height; and 7) Also, waiting for the Water Board approval on Cell 6B and final walkthrough on the August 16th and the City Council is welcomed. The Landfill has 25 acres to work and looking good. Mayor Preciado asked regarding a fire at the Landfill. Mr. Anderson mentioned that the Fire Department had it under control quickly, and glad the community cares and calls. 2) MidValley Disposal Quarterly Report: Thomas Hamon, Recycle Program Manager. Isaac Kulikoff, District Manager MidValley Disposal introduced Thomas Hamon, Recycle Program Manager. Thomas Hamon, Recycle Program Manager reported the following: 1) Refuse 2266.04 tons; 2) Organics 550.53 tons; 3) Recycling 384.49 tons; SB 1383 continue to educate community; and Events – Pistachio Festival, Operation Gobble, High School Food Dries and Holiday Magic. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Discussion on Major Projects List & Hirings: City Manager Lopez went over the Major Projects List & Hirings with the City Council B. Consider Changing the Date of the September 28, 2023, Regular City Council Meeting to accommodate Fresno Area Hispanic Foundation event on same day: City Manager Lopez mentioned that The Fresno Area Hispanic Foundation (FAHF) has reached out to City Staff requesting to host a special event for community members and business owners in Avenal. The event will be a resource fair coupled with raffles and prizes for participants. The FAHF intends to provide cash prizes and grants to local businesses that could total over $10-15k to the community. Tim Rios is a major sponsor of the FAHF on behalf of Wells Fargo Bank and intends to be at the event in person to hand out the prizes. The FAHF is requesting the evening of September 28, 2023, to host the event. This date conflicts with the City’s second council meeting scheduled for that date. Staff is recommending, a discussion to either move the September 28, 2023, City Council meeting to another date, or cancel said meeting. Staff is also working with Reef-Sunset Unified School District to potentially host the event at one of the high school gyms to accommodate the large crowd that is expected. Councilman Gravelle motioned to reschedule City Council meeting to September 27, 2023, seconded by Councilman Hernandez and motioned carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. C. Discussion on filling two (2) Vacant Planning Commission Seats – Councilmembers Gravelle & Verdugo City Manager Lopez reported that as of August 7, 2023, the Planning Commission has two vacancies. Former Chair, Lymari Larios, handed her resignation due to moving out of the City on July 28, 2023. Commissioner Donna Elliott has also indicated her intention to step down from the commission effective August 8, 2023. This creates two vacancies in the Planning Commission, which will require two new appointments by the Council per the rotation, Councilmembers Gravelle and Verdugo have the next opportunities to appoint a commissioner. Staff can advertise the vacancies and bring any new applications back for Council’s consideration at the September meetings. Councilman Gravelle & Councilman Verdugo would like Staff to advirties. Joint Meeting City Council/Successor Agency/PFA – August 10, 2023 Page 4 of 4 ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports 1. Community & Economic Development Department Report: Kao Nou Yang, Director of Community & Economic Development. Kao Nou Yang, Director of Community & Economic reported the following: 1) Planning Division; 2) Long Range Planning; 3) Building Division;4) Economic Development CrissComm; and 5) Programs – First Time Buyers, Home Rehabilitation, Accessory Dwelling (ADU) Program. 2. Police Department Report: Chief Robert Nevarez Chief Robert Nevarez 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; 5) Embrace wellness amongst our employees and 6) Internal Affairs end of year report. Mayor Preciado called for 5-minute recess and commended meeting. PUBLIC HEARING(s): Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority: A. None. OLD BUSINESS: A. None. NEW BUSINESS: A. None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Clerk Ortiz reported the following: 1) Save the Date for City County Coordinating meeting. RSVP with City Clerk - August 23, 2023, and location the City of Corcoran. City Manager Lopez reported the following: 1) County Coordinating meeting; 2) Pat Sanchez last day August 30, 2023, and appointed Superintendent Juan Ruiz and plans to continue partnerships with city; 3) Leadership training for next week August 17th 2-5PM and all confirmed. Mr. Juan Garza facilitator will be emailing everybody a survey and Humberto almost had all the iPads ready and plan to distribute next weeks. Councilman Verdugo reported the following: 1) report of sales taxes; and 2) abounded vehicles and vehicle abatement program. Currently. Yeah, this is too quick things. Name meaning. Follow up on. Superintendent Sanchez 's last day is. August 30th. And currently. Mayor Preciado reported the following: 1) many meetings; and 2) thanked all for attending. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:37 p.m. Respectfully submitted, Maria Ortiz, City Clerk