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 JANUARY 11, 2024; 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: Councilmen’s: Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez Pablo Hernandez, Mayor Alvaro Preciado. ABSENT: Councilmen Lou Gravelle excused himself form City Council meeting at 5:45 p.m. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Williams, Nevarez. LEGAL COUNCEL: Moses Diaz. Antony Lopez, City Manager reported the following: adding an emergency item being time sensitive and it was noticed on the Hanford Sentinel. After Activity Reports. Item 8. PUBLIC HEARING(s): Consider Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053). Councilman Gravelle approved adding emergency item, seconded by Councilman Hernandez, and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None ABSTAIN: None. 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 5:18 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 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: 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. 2. 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. 3. Property Description: APN: 040-165-007 Negotiator(s): City Manager/City Attorney/CrisCom. Party with whom negotiating: County of Kings/State of California. Instructions to negotiator concerning: Terms. Joint Meeting City Council/Successor Agency/PFA – January 11, 2024 Page 2 of 7 B. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Positions of: • Chief of Police • Community & Economic Development Director Councilman Gravelle excused himself from the meeting due to a family emergency at 5:45 p.m. Mayor Preciado reopened meeting at 6:40 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Maria Ortiz, City Clerk announced there were no public comment cards submitted. Special presentation: APD Courage to Lead award Officer José Gonzalez García. Chief Robert Nevarez presented the Courage to Lead award to Officer José Gonzalez García. Chief Nevarez would like to recognize a couple of members of the Avenal Police Department. The first one is newest Police Officer, Matthew Ramos. Matthew Ramos has been with the Avenal Police Department for 2-weeks and Officer Ramos is from Visalia, attended Mountain Whitney High School was football player right tackle and served in the army spent time in in Afghanistan. Chief Nevarez continues that Mathew Ramos has done a great job and impressed with what he has seen. Mathew Ramos comes from a solid family background; present is his girlfriend Stephanie and her daughter Ava. Officer Mathew Ramos thanked the City Council members for allowing him to represent this community and cannot wait to work with fellow officers. Chief Nevarez wants to recognize a very prestigious award and that is called The Courage to Lead Award. This award goes to an officer that sets very high standard. Chief Nevarez looks for these qualities: 1) good judgment; 2) integrity; and 3) honesty somebody who says that they're going to do something, and their actions match their work Jose has that integrity. Chief Nevarez is looking for somebody with strong potential for leadership and somebody that is grounded and has a strong family. If anybody ever been to any of the swearing in ceremonies, Chief Nevarez states one thing that the family carrying all the weight. Chief Nevarez see when Officer Jose Garcia comes to community events, he is surrounded by his family and loves to see that because that's somebody's going to be able to withstand the stresses. Chief Nevarez is looking forward watching Jose Garcia flourish as an officer. He expects to see incredible things from Officer Jose Garcia in the future. So, this year's award goes to now, nearly appointed Senior Officer José Gonzalez García. Senior Officer José Gonzalez García stated he thanked everyone and fellow officers. The City Council welcomed Officer Mathew Ramos to the City of Avenal and congratulated Senior Officer José Gonzalez García for his prestige’s award. 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 December 14, 2023. B. Consider “Crossroads” Traffic Records Software Purchase Approval. C. Consider Authorization to Sign MOU with Kings Community Action Organization (KCAO) for Use of Avenal Veterans' Memorial Hall. D. Ratify Resolution 2023-46: Entering into an Agreement with A&M Consulting Engineers for On-Call Engineering Services (revised language). RATIFY RESOLUTION 2023-46: A RESOLUTION OF THE CITY COUNCIL AWARDING A CONSULTANT CONTRACT TO A&M CONSULTING ENGINEERS FOR A THREE-YEAR PERIOD, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS TO PROVIDE ON- CALL CITY ENGINEERING SERVICES FOR STATE AND FEDERALLY FUNDED PROJECTS. Councilman Verdugo motion to approve, second by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency/PFA – January 11, 2024 Page 3 of 7 Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle ABSTAIN: None. Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Discuss Legislative Priorities for the 2024 Legislative Session (Discussion/Action). City Manager Lopez reported that as the new legislative calendar begin in 2024, CrisCom and Staff are requesting direction from Council on legislative items of importance to discuss with Avenal’s elected officials. During the check presentation for $1 million dollars on January 5th, Senator Melissa Hurtado’s Staff shared that with the State’s impending budget deficit, budget request over a million dollars may not be funded, but smaller requests would have a better chance. Staff recommends making a budget request for a join City Hall / Police Department and include smaller requests. Some ideas are:  $600,000 for digital signs across town – freeing up ARPA Funds  $500,000 for City beautification program – Xeriscaping along Skyline Blvd and Kings Street; park beautifications; and promoting tree adoption and planting programs.  $250,000 for remodeling of the Boxing Gym  Other ideas… ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor. 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) emails; 4) Server; and 5) Other: -Assisted in numerous City events (Food distributions, Christmas Parade, Operation Gobble), Working with Administration and City Clerk on readministering accounts of resigned staff and onboarding new staff Assisting HR in compiling 2023 job applicants, Begins overhauling the current depreciated camera systems, starting with City Hall, Notable features including object and facial recognition and remote viewing, Testing surveillance camera environments with two software suites, Begins working on a voucher system in conjunction with the Avenal Landfill, Continues to work with KCAG to allow regular remote viewing and participation of their monthly meetings, Continues to maintain the city website and provide tech support across all facilities. 3. Recreation Department Activity Report: Anna Lara, Community Activities Senior Leader. Joint Meeting City Council/Successor Agency/PFA – January 11, 2024 Page 4 of 7 Anna Lara, Community Activities Senior Leader reported the following: 1) Dec. 8th: Valley Voices/City Collaboration, Covid / Food Distribution; 2) Dec 9th Holiday Magic Parade; 3) December 12th Family Engagement Movie Night showed the Grinch. 4) December 16thPictures with Santa (Movie, Train Rides, Craft & Gifts); 5) Upcoming: January 12th – Valley Voices Covid / Food Distribution; and 6) Recreation Dept. rentals with revenue of $9,545. B. Special Presentations/Reports: 1) None. 8. PUBLIC HEARING(s): A. Consider Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053). a. Staff Report b. Public Hearing c. Discussion/Action City Manager Lopez reported that Closeout of 20-CDBG-CV-2-3-00053. The City was awarded $318,9136 in CDBG-CV2.3 funds in response to the pandemic to aid City of Avenal residents affect by Covid-19 in the form of subsistence payments for mortgage, rent, and utility assistance and/or payments. Permission to incur cost and begin accepting applications was received on September 9, 2021. The program provided income eligible households with up to $5,000 in assistance to cover past due and/or currently due mortgage payments, rent payments, and utility expenses for up to 3 consecutive months as grants with no repayment obligation. Applications Received 167 Households Assisted 114 Applications Denied 53 Rental Assistance Provided 42 Mortgage Assistance Provided 114 Utility Assistance Provided 96 Total 165* *Numbers are higher than total applications because a single application or household had requested assistance for more than one activity such as assistance with rent and utilities, or mortgage and utilities. Households Assisted had Incomes as follows: Very-low income 50 Low income 43 Moderate income 21 Total 114 Household Demographics: White 3 Black 1 Multi-Race 0 Hispanic 105 Unknown 5 Total 114 Female Head of Household 38 Senior Citizens 3 Disabled 3 Budget Total Expenses Disencumbered Funds Total Admin: $41,458 $41,458 $0 Joint Meeting City Council/Successor Agency/PFA – January 11, 2024 Page 5 of 7 Total Implementation: $277,455 $277,455 $0 City Manager Lopez continues that the grant expired on September 8, 2023, upon approval the City will submit the final closeout documents to HCD, completing all obligations under the grant. At this time, there will be no disencumbering of funds since all funds under this grant were expended. However, in the case that the need to disencumber is discovered, the City will work with HCD and SHE to disencumber those funds. The Public Hearing is opened, citizens are encouraged to ask questions and/or comment on the closeout of the 20-CDBG-CV-2-3- 00053 grant. Citizens are also invited to submit written comments to the city or to review information on the City’s CDBG Program at City Hall with Maria “Angie” Ortiz, City Clerk, at 919 Skyline Blvd, Avenal, CA 93204, at the same address. Staff recommendation to approve the 20-CDBG-CV-2-3-00053 grant closed out report and authorize its submittal to the CA Department of Housing and Community Development, Community Development Block Grant Program. Mayor Preciado opened Public Hearing at 7:31and there being no public comment it was closed at 7:31 p.m. Councilman Verdugo motioned to approve the 20-CDBG-CV-2-3-00053 grant closed out report and authorize its submittal to the CA Department of Housing and Community Development, Community Development Block Grant Program, seconded by Hernandez, and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Approval of Municipal Solid Waste Collection Agreement between the City of Avenal and Mid- Valley Disposal, LLC, and adjacent services (Resolution 2024-01). City Manager Lopez reported that the City of Avenal entered into a Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc. in 1999, initiating services on January 1, 2000. This agreement was renewed in November 2012, extending the partnership until December 31, 2023. The City of Avenal holds the distinction of being Mid Valley Disposal, Inc. first waste collection contract. Initially structured as a franchising agreement, the city permitted Mid Valley to collect solid waste within Avenal in exchange for a franchise fee. However, subsequent deliberations with the City Attorney's office revealed that a full franchise agreement would require Mid Valley handling all waste collection services, including customer service and billing. Given that City Staff currently manages billing and most customer service inquiries, it was decided to transition to a service management agreement to better align with existing practices. The expiration of the current agreement, coupled with the evolution of waste management regulations since 2000, urged the need for a renewal of the Municipal Solid Waste Collection Agreement. The revised agreement ensures compliance with the latest state laws, including AB- 341, AB- 2176, SB-1016, and, notably, SB-1383 (Organics). This proactive step aligns the City and Mid Valley with all prevailing laws and regulations governing waste management. City Manager continues that PROP-218 Rate Study: The City is concurrently conducting a Prop-218 rate study, and the updated rates will be presented for a public hearing at the next City Council meeting on January 25th. These revised fees not only ensure the sustainability of waste management services but also generate revenue to compensate City Staff for administering waste hauling services. Street Sweeping Service: The agreement also includes Exhibit E, a formal arrangement for contracting Mid Valley to provide street sweeping services in Avenal. Customers will be subject to a fee for this additional service, promoting more reliable street sweeping. Importantly, the city will only be billed for the curb miles that are swept – a log will be kept, and the city will only be billed for the actual miles ran. If the overall cost proves to be lower than anticipated, the city retains the flexibility to reduce the fee in the future. In the event of issues with Mid Valley's street sweeper management, the City retains the right to give notice and assume control of the street sweeper services. Joint Meeting City Council/Successor Agency/PFA – January 11, 2024 Page 6 of 7 The City of Avenal entered into a Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc. in 1999, initiating services on January 1, 2000. This agreement was renewed in November 2012, extending the partnership until December 31, 2023. The City of Avenal holds the distinction of being Mid Valley Disposal, Inc. first waste collection contract. Initially structured as a franchising agreement, the city permitted Mid Valley to collect solid waste within Avenal in exchange for a franchise fee. However, subsequent deliberations with the City Attorney's office revealed that a full franchise agreement would require Mid Valley handling all waste collection services, including customer service and billing. Given that City Staff currently manages billing and most customer service inquiries, it was decided to transition to a service management agreement to better align with existing practices. The expiration of the current agreement, coupled with the evolution of waste management regulations since 2000, urged the need for a renewal of the Municipal Solid Waste Collection Agreement. The revised agreement ensures compliance with the latest state laws, including AB- 341, AB-2176, SB-1016, and, notably, SB-1383 (Organics). This proactive step aligns the City and Mid Valley with all prevailing laws and regulations governing waste management. The city is concurrently conducting a Prop-218 rate study, and the updated rates will be presented for a public hearing at the next City Council meeting on January 25th. These revised fees not only ensure the sustainability of waste management services but also generate revenue to compensate City Staff for administering waste hauling services. The agreement also includes Exhibit E, a formal arrangement for contracting Mid Valley to provide street sweeping services in Avenal. Customers will be subject to a fee for this additional service, promoting more reliable street sweeping. Importantly, the city will only be billed for the curb miles that are swept – a log will be kept, and the city will only be billed for the actual miles ran. If the overall cost proves to be lower than anticipated, the city retains the flexibility to reduce the fee in the future. In the event of issues with Mid Valley's street sweeper management, the City retains the right to give notice and assume control of the street sweeper services. After discussion, Councilman Verdugo would like to table item for more information, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle ABSTAIN: None. B. Consider Approving the Recognized Obligation Payment Schedule FY 24-25 for July 2024 through June 2025. Griselda Price, Director of Administrative Services reported that the ROPS consists of the obligations of the Successor Agency as of July 1, 2024, through June 30, 2025, and a projected debt obligation schedule. The ROPS is identical to previous ROPS however it is for the entire fiscal year and the debt obligation has been updated for the fiscal 24/25 year. Staff has included: the Annual Continuing Disclosure Reports; Bond Administration Fees, Prior Period Adjustments (PPA); Administration costs, and debt obligation. In total, the Successor Agency (City) is requesting $397,250 of Redevelopment Property Tax Trust Fund (RPTTF) be used and make payment of the Successor Agency’s enforceable obligations in 2024- 25. These obligations, as well as the Successor Agency wind-down, are expected to continue until August 2026, when the 2005 RDA Revenue Bonds are paid off. The ROPS is subject to approval by the Kings County Oversight Board. Once approved by the Oversight Board, copies of said resolution and ROPS will be sent to the County Auditor- Controller and the State Department of Finance for approval. The ROPS is due no later than January 12, 2023. RESOLUTION 2024-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL (SUCCESSOR AGENCY) APPROVING A RECOGNIZED PAYMENT SCHEDULE (ROPS) PURSUANT TO AB X1 26, FOR JULY 2024 THROUGH JUNE 2025. Councilman Verdugo approves, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – January 11, 2024 Page 7 of 7 CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) The Community Center did not get additional funding other opportunities; 2) Monday, January 15th City Hall will be closed observing Martin Luther King; 2) January 30th 5:30-8PM meet & greet a potential candidate for our Assembly District Devin Mathis, someone would like to succeed him Alexandra Machado will be in Avenal; 3) Save the date - City County Coordinating meeting will be held February 21st and CrisCom would like to be help host. Councilman Verdugo reported the following: 1) mentioned that City Attorney Diaz brought up at the State had approved an increase in the City Council pay would like it as an agenda item or study session; and 2) Also, update report on Behavioral Health. Mayor Preciado reported the following: 1) attended many meetings and thanked all for attending. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:11 p.m. Respectfully submitted, Maria Ortiz, City Clerk