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 SEPTEMBER 14, 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 5:15 p.m. ROLL CALL: Councilmen’s: Luis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado. ABSENT: None. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, 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. 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. Raul Valadez mentioned that on behalf of City Employees Bargaining Units 1-5, they came to support everything that they are requesting due to inflation. No, pressure to the City Council they are showing united front and are passionate about what we are asking. Thank you. 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: Terms of Payment. D. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Position of: • Chief of Police 4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEAR Mayor Preciado re-opened the City Council meeting at 6:58 p.m. with the following action: Councilman Verdugo made a motion to deny claim, second by Councilman Gravelle and motion carried. Joint Meeting City Council/Successor Agency/PFA – September 14, 2023 Page 2 of 5 Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Rey Leon, founder, and executive director of The LEAP Institute (Latino Equity Advocacy & Policy) stated that one of the projects that there working on right now is through USDA it is putting up some greenhouses in four different locations in the region within Fresno and Kings counties. Mr. Leon is requesting an agenda item or study session. So, he can discuss and provide a power point and dialogue this project with benefits for the community 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 August 10, 2023 & August 17, 2023. B. Ratify partnership agreement, "Project Reachout," between Avenal Animal Shelter and the Arizona Humane Society: C. Consider Ratifying the 2023 Bilingual Pay Meet and Confer, Side Letter, with the Avenal Police Officer's Association: (Resolution 2023-36). RESOLUTION 2023-36: 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. Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider adopting temporary City Council Rules of Procedure and Decorum: Antony Lopez, City Manager reported As the Council continues to progress and modernize many practices, such as digital agendas and virtual meetings, the Council expressed a desire to further refine the process and running of the regular Council meetings. Juan Garza of Leadership Associates led the Council in a leadership/governance training to further refine the Council’s rules of procedure and decorum. In Attachment A, Staff has compiled the list of temporary rules of procedure and decorum for the running of the Council meetings. As suggested by Mr. Garza, the Council should adopt the following agreed upon rules (per the minutes for the August 17, 2023, meeting), and practice them for two – three council meetings, and then provide feedback and suggest changes at the net leadership/governance training workshop. Staff asking for Council to review the City Council Rules of Procedure and Decorum, make any clarifications to the rules, and begin utilizing said rules as of this meeting. ATTACHMENT A Temporary City Council Rules of Procedure and Decorum for Use Until November 16, 2023 Public Comments: • Public Comment Cards will be required if not providing comment online. If providing online, commentors are still required to provide their full name and address. • City Clerk will keep track of three minute maximum for all public comments and provide a 30 second warning and a final 10 second warning and ask the participant to end their comments. • The agenda will state that up to 25 minutes will be allotted for Public Comments, unless extended by majority vote of the Council. • The Mayor may ask for consensus from individuals who come for the same item, by a show of hands to show support or consensus for a certain comment or topic. Dress Code • Dress code of business casual attire will be required by all Council and staff: Joint Meeting City Council/Successor Agency/PFA – September 14, 2023 Page 3 of 5 • Acceptable Business Casual Attire includes, but is not limited to slacks, khakis, capris, golf shirts, and shirts with a finished neckline, skirts, dresses, turtlenecks, or sweaters. Caps and hoodies must be organization issued or from an affiliate organization. Clothing and shoes must be neat and clean. • Unacceptable attire includes, but is not limited to tee shirts; sweat pants, shorts, sweatshirts, or workout attire; cutoffs; beach attire; halter and spaghetti strap dresses, tank tops, miniskirts, short skirts, spandex and Lycra; dresses or skirts that are excessively short; clothes that are too tight, too small, sheer or clothing that otherwise is revealing, distracting, or provocative; and tennis shoes, flip flops, beach shoes, slippers, caps or hoodies not affiliated with the organization or its partners. • Staff will provide Council with at least two City Polos to wear at Council meetings and events. • Agenda Item Discussion Procedure · When the Mayor opens an item on the agenda, staff will give their presentation, then the City Manager will follow up with each council member, in a rotation, for their comments or questions and help moderate the response. Each councilmember has one opportunity for comments or questions, then the Mayor will request a motion for action. Closing comments: • Council agrees to allow each councilmember adequate time to provide their final comments about the meeting, and report attendance of any special events and pertinent information back to the public. *Note – although no time limit will be imposed upon any councilmember, brevity should be practiced. Reminders: • This is a Council meeting in public. Not a public meeting of the Council. After a brief discussion, Mayor Pro Tem Ramirez approved adopting temporary City Council Rules of Procedure and Decorum, second by Councilman Gravelle, and motioned carried. Roll Call Vote: AYES: Ramirez, Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider amending meeting Public Comment procedure and adopting a comment card. City Manager Lopez reported that as a continuation of item 6. A of this meeting, the Council has expressed a desire to adopt a public comment card requirement to providing public comments before the Council at council meetings. The City Clerk reached out to other City Clerks throughout the State to find examples of how other cities handle their public comment section of their meetings. Attached the top three examples that City Staff felt contained the information and wording that could fit Avenal: City of Monrovia, City of Laguna Hills, and City of La Cañada Flintridge. Staff captured portions of each of these examples and composed the following example in Attachment A, as a draft Public Comment card the City Council could consider adopting. This draft is also provided in Spanish. City Manager continues that by adopting a public comment card requirement, members of the public will be asked to submit this form before the “Public Comment/Announcements & Unscheduled Appearances” item on the Agenda to provide their public comment. This system will ensure members of the public are aware of the three-minute rule, that Council cannot act on items not on the agenda and will assist in collection contact information for follow up. When presenting or commenting online, members of the public will still be required to submit this same form online at the City’s website. That form will be emailed to the City Clerk to add that person to the public comment queue. In either case of in-person or online comments, if the commentor is not available to provide their comment, the request will still be recorded to the meeting’s minutes. Councilman Gravelle motioned to adopt a version of the Public Comment Card – Request to Speak: Avenal City Council form that will be required to provide a comment during the Public Comment/ Announcements & Unscheduled Appearances item on the Agenda, second by Councilman Hernandez motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – September 14, 2023 Page 4 of 5 ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports 1. Public Works/Code Enforcement/Animal Control Activity Report: Scott Davis, Public Works. 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; 2) Phone System; 3) Server; and 4) Other: Deployed Cellular iPad Airs to City Council, deployed Cellular iPad Mini to Public Works to manage Underground Service Alert (USA) Tickets, continues to assist Avenal PD with footage review, reviewing security footage from other sites, continues to work with KCAG to allow regular remote viewing and participation of their monthly meetings and continues to maintain the city website and provide tech support across all facilities. 3. Activities Department Report: Shelia Verdugo, Recreation Supervisor Shelia Verdugo, Recreation Supervisor reported the following: 1) Kidz Spot; 2) Market; 3) Community Movie; 4) July/August rentals; 5) meetings; 6) update Community Garden; 7) 911 Observance; 8) Senior Picnic and 9) Collaborations -KPFP, APD, AHS Junior Class, Valley Voices, Rotary. 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. Consider ratification and formal adoption of the Fiscal Year 2019-2020 Financial Audit and corresponding Corrective Action Plans City Manager Lopez reported that Mr. Ivan Sotomayor, CPA with Sotomayor and Associates, CPAs the City’s independent auditor, has submitted the FY 19/20 Audited Financial Statements for the Council/Agency Members on August 31, 2023. The FY 19/20 Audit is included in the Council Packet for the City Council/Successor Agency/PFA consideration. Within the FY 19/20 Audit are two findings; the findings are like the FY 15/16; 16/17, 17/18, & 18/19 audits regarding the City’s struggles to reconcile the finance system with the bank statements. Attachment A includes a Corrective Action Plan for both findings. EXHIBIT A – Resolution 2023-37 Corrective Action Plan for FY 2019-2020 Audit Findings FINDING 2019-1 Bank Reconciliation - Repeated in Current Year During our audit procedures, we noticed that the total cash balance on the operating bank account reconciliation did not reconcile to the cash balances recorded on the general ledger as of June 30, 2020, 2019, 2018 and 2017. CORRECTIVE ACTION: In FY 2022, the City of Avenal retained outside consultants, Price Paige & Company (PP&C), to assist in the bank reconciliations in order to address the previous year's audit findings. PP&C has developed a process to keep financial statements and bank reconciliations caught up and up to date, and training staff to handle the process moving forward once all the audits are complete. In FY 2023, the City of Avenal is upgrading the finance system from Central Square to OpenGov and is working with the City’s financial institution to have electronic bank statements provided that are compatible with the new software. FINDING 2020-1 Bank Reconciliation - Repeated in Current Year Joint Meeting City Council/Successor Agency/PFA – September 14, 2023 Page 5 of 5 During our audit procedures, we noticed that the City continues leaving the bank reconciliation unreconciled. The total cash balance on the operating bank account reconciliation did not reconcile to the cash balances recorded on the general ledger as of June 30, 2020, 2019, 2018 and 2017. CORRECTIVE ACTION: In FY 2022, the City of Avenal retained outside consultants, Price Paige & Company (PP&C), to assist in the bank reconciliations in order to address the previous year's audit findings. PP&C has developed a process to keep financial statements and bank reconciliations caught up and up to date, and training staff to handle the process moving forward once all the audits are complete. In FY 2023, the City of Avenal is upgrading the finance system from Central Square to OpenGov and is working with the City’s financial institution to have electronic bank statements provided that are compatible with the new software. After, a brief discussion, Councilman Gravelle motioned to formal acceptance of the FY 19/20 Audited Financial Statements, ratifying the City Manager’s acceptance of said audit and representation letter; and adopt the included Corrective Action Plan in Attachment A: Resolution 2023-37, seconded by Councilman Hernandez and motion carried. Resolution 2023-38: Resolution of the City Council of the City of Avenal Adopting Corrective Action Plan for FY 2019-2020 Audit Findings. Councilman Gravelle approved, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) September 15th Avenal Senior Program Commission on Aging will attending free event at Burris Park and volunteering to drive Councilman Verdugo and City Manager Lopez. Also, thanked Councilman Verdugo for driving; 2) Sept 20th -22nd attending League of Councilman Gravelle thanked all staff for what they do daily. Councilman Verdugo reported the following: 1) attended Suicide walk and hopes it becomes yearly event to keep people aware of Suicide prevention. Mayor Preciado reported the following: 1) attended many meetings; and 2) thanked all for attending. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:23 p.m. Respectfully submitted, Maria Ortiz, City Clerk