City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL AGENDA ITEM NO. 5. – A. “Pistachio Capital of the World®” REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING OCTOBER 12, 2023; 6:15 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 6:15 p.m. ROLL CALL: Councilmen’s: Ricardo Verdugo, Pablo Hernandez, Mayor Alvaro Preciado. ABSENT: Councilman Lou Gravelle, Mayor Pro Tem Alejandro Ramirez. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, 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. Mayor Preciado announced that Close Session will be moved to the end of the City Council meeting. Antony Lopez, City Manager would like to add an emergency item and was added after Agenda was posted. It being time sensitive add it to New Business - Item B. Consider Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project. Mayor Preciado approved Closed Session and Emergency Item and add it to New Business - Item B. Consider Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project, second by Councilman Verdugo motion carried. Roll Call Vote: AYES: Preciado, Verdugo, Hernandez. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. 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 4. 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: 1. Property Description: APN: 038-290-028-000 Negotiator(s): City Manager/City Attorney Party with whom negotiating: Ross Family Properties LLC. Instructions to negotiator concerning: Terms of Payment. 2. Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment. Joint Meeting City Council/Successor Agency/PFA – October 26, 2023 Page 2 of 4 PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Special Recognitions: Life Saving Award to Officers Austin Rodriguez; Ed Rij; and Miguel Gracida, recognized for lifesaving. efforts during a structure fire at 212 N. 7th Avenue. Chief Nevarez knowledge Officer Austin Rodrigues, Ed Rij and Miguel Gracida for Lifesaving efforts during a structure fire at 212 N. 7th Avenue. Also, representatives of Congressman Valadao from & Assemblyman Devon Mathies gave recognition to Austin Rodrigues, Ed Rij and Miguel Gracida and their families. 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 October 12 & 21, 2023. B. Ratify approval of Concert Work for the Community Garden: Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Verdugo, and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider adopting 2023-2024 Council Norms: City Manager Lopez reported that at the October 21, 2023, Special City Council meeting, Staff and Council participated in the second part of leadership training with Leadership Associates, Juan Garza I & Juan Garza II. Mr. Garza reviewed some of the new practices the Council has implemented, and reviewed the Council guiding principles, values, norms, and practices/protocols. The Council’s norms were a primary focus, and Mr. Garza led an exercise to help the Council narrow down the norms from 19, to seven. Staff is bringing the list of norms for formal adoption. Soon, Staff will also prepare a handbook that updates and outlines the Council’s Council guiding principles, values, norms, and practices/protocols, based on the leadership trainings. Staff recommends adopting the following the City Council norms for 2023-2024: ❖ Work together as a body, modeling teamwork and civility for our community ❖ Respect the diversity of styles and points of view within the group ❖ Its okay to challenge ideas, but not people ❖ Disagree agreeably and professionally – respect and move on ❖ Strive for consensus; once a vote has been called, support the decision of the majority ❖ Keep confidential information from closed session confidential Councilman Verdugo motion to approve adopting 2023-2024 Council Norms, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Community & Economic Development Department Report: Kao Nou Yang, Director. Kao Nou Yang, Director of Community & Economic reported the following: 1) Planning Division; 2) Processing Zoning Land Use Applications, Land Division Applications and Current Planning Zoning / Land Use Permits; 3) Long Range Planning; 3) Building Division;4) Economic Development & CrisCom Company; and 5) Programs – First Time Buyers, Home Rehabilitation, Accessory Dwelling (ADU) Program. Joint Meeting City Council/Successor Agency/PFA – October 26, 2023 Page 3 of 4 2. 2. Police Department Activity Report: Chief Robert Nevarez. Chief Robert Nevarez reported the following: 1) Avenal Police Department announces the return of Police Explore; 2) Leadership Stability; 3) Recruit and Retain the Best; 4) International Model of Community Trust; 5) Amongst the safest cities in America; and, 6) 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. None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Authorizing Engagement with Price Paige & Company for Audit Preparation and Financial Consulting Services: Resolution 2023-42. Griselda Price, Director of Administrative Services reported that Price Paige & Company (PP&C) has provided financial consulting services to the City of Avenal for the past year and half, compiling the monthly bank reconciliations, assisting in state reports, and ensuring the 2020-2022 audits are completed as quickly as possible with Sotomayor & Associates. The past engagement with PP&C was not to exceed $186,810 through June 2023. To date, only $150,004 has been expended. Some contingency had to be used to redirect staff time on the 2020 audit, but the overall expenditure was less than the total approved amount. Director of Administrative Service Price continued that the new engagement is for a total not to exceed $144,200, more in line with last year’s actuals. Josh Gyosa expects the actual amount to be less, once the 2021-2022 audits are completed and other processes get easier for City Staff to handled internally but likes to have a cushion for any unforeseen circumstances that may arise. PP&C have been crucial in bringing the City’s financials up to date, improving some processes, and connecting Staff with other consultants for assistance. PP&C will be crucial in helping the City find a new auditor once the contract with Sotomayor ends. PP&C have been crucial in bringing the City’s financials up to date, improving some processes, and connecting Staff with other consultants for assistance. PP&C will be crucial in helping the City find a new auditor once the contract with Sotomayor ends. Also, a benefit for the Finance Department, staff will forgo filling the Finance Manager position for the next fiscal year, until the audits are caught up. The $71,000 for audit preparations will be allocated to ARPA, and the remaining $73,200, to General Services – Professional Services budget in the FY 2023-2024 City Budget. Once the audits are caught up, the lower price can be fully assumed by the General Fund. RESOLUTION 2023-42: A Resolution of The City Council of The City of Avenal Authorizing the City Manager and Mayor to Execute an Engagement Letter for Professional Financial Consulting Services with Price Paige & Company. Councilman Verdugo motion to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. B. Consider Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project: City Manager Lopez reported that over the last few years, the City has identified that the Avenal Cut-Off Road is in dire need of repair and replacement as a primary highway and accessway to and from Avenal. With the adoption of SB 1 Road Repair and Accountability Act in 2017, the City has designated those funds exclusively for the Avenal Cut-Off Road. Currently the fund holds $1,597,604.60. Based on the State’s original estimates, this is far below the $10 million that was originally projected in 10 years. As of 2022, the City Engineer’s estimate for replacing the City’s 2.5 miles (between SR 269 – the California Aqueduct bridge), was roughly $4-6 million dollars. This has prompted City Staff to delay the project until additional funding is identified and allow the SB1 fund to grow. City Manager Lopez continues that earlier in 2023, at the council of governments meeting, KCAG, the County of Kings announced their plans to replace on their entire portion of the Avenal Cut-Off Road, starting in 2024. Through conversations between both City Joint Meeting City Council/Successor Agency/PFA – October 26, 2023 Page 4 of 4 and County staff, with the Mayor’s urging, the County agreed to explore the possibility of having the City “piggyback” on their replacement project and adding the City’s 2.5-mile portion of the road to the contract. After several meetings between both the City and County Public Works teams, an amendment was drafted to the County’s agreement with their selected consultant, Peters Engineering Group, and an MOU between the City and County laying out the framework for the County to take lead and add the City’s 2.5 miles of the Avenal Cut-Off Road. Attached are both items, outlining the amendment and fees, with the city taking. responsibility in paying Peters Engineering Group, and the County aiding and the management of the project, while “piggybacking” on the economy of scales costs for the City’s portion once the construction phases are bided out. The plan would be to add the City’s portion of the Cut-Off as part of Phase V of the County’s project, with an estimate of that phase commending in three-five years. Staff recommends by Resolution, authorize the Mayor to sign Attachment A, an MOU between the City of Avenal and County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project With approval by both the City and County, the City will be billed directly by Peters Engineering Group for the design and management of the project. Attachment B includes the scope of services and fee schedule. The cost to engage Peters Engineering Group is estimated at 15% of the total project cost, or $349,520 with additional support by Peters. Total estimate of the cost as of today, is roughly over $2 million dollars, which will increase once Phase V commences in three-five years. The Avenal Cut-Off Road project will be funded primarily by the SB 1 fund (which have been revolving for over five years), and Local Transportation Funds (LTF) if needed. RESOLUTION 2023-43: A Resolution of The City Council of The City of Avenal Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project. Councilman Verdugo motion to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) thank you for a speedy meeting; 2) October 27th Trunk or Treat 5-8PM; and 3) Ice ring at Rice Park. Mayor Preciado reported the following: 1) attended many meetings and thanked all for attending. The City Council went into Closed Session at 7:22 p.m. Mayor Preciado re-opened meeting at 8:26 with nothing to report out of Closed Session. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:26 p.m. Respectfully submitted, Maria Ortiz, City Clerk