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 25, 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 5:22 p.m. ROLL CALL: Councilmen’s: Ricardo Verdugo, Lou Gravelle, Pablo Hernandez, Mayor Alvaro Preciado. ABSENT: Mayor Pro Tem Alejandro Ramirez. STAFF: Lopez, Ortiz, Price, Bermudez, 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 5:25 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 B. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Positions of: • Chief of Police • Community & Economic Development Director Mayor Preciado reopened meeting at 6:19 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Maria Ortiz, City Clerk announced there was no public comment cards submitted. Joint Meeting City Council/Successor Agency/PFA – January 25, 2024 Page 2 of 5 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 January 11, 2024. B. Ratify Public Hearing to Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053) (Resolution 2024- 01). C. Ratify Holiday Update Side Letter #2 of Agreement between the City of Avenal and Avenal Police Officers Association (Resolution 2024-03) D. Consider Approving Employee Agreement, with Cecilio Velasco for position of Chief of Police: (Resolution 2024-04). RATIFYING RESOLUTION 2023-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL (SUCCESSOR AGENCY) APPROVING A RECOGNIZED PAYMENT SCHEDULE (ROPS) PURSUANT TO AB XI 26, FOR JULY 2024 THROUGH JUNE 2025. Councilman Gravelle motioned to approve, second by Councilman Verdugo and motion carried. RATIFYING RESOLUTION 2023-03: Resolution of the City Council of the City of A venal Ratifying Side Letter #2 with the A venal Police Officer's Association (APOA) Attached to the July 1, 2021 -June 30, 2025, MOU. Councilman Gravelle motioned to approve, second by Councilman Verdugo and motion carried. RESOLUTION 2024-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL ENTERING INTO AN AGREEMENT WITH CECILIO VELASCO FOR THE POSITION OF "CHIEF OF POLICE" FOR THE CITY OF A VENAL POLICE DEPARTMENT. Councilman Gravelle motioned to approve, second by Councilman Verdugo and motion carried. Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Verdugo, and motion carried. Councilman Gravelle motioned to approve, second by Councilman Verdugo and motion carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. PUBLIC HEARING(s): A. Public Hearing on Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024- February 1, 2028. a. Staff Report b. Public Hearing c. Discussion/Action: Approve Resolution 2024-05 Antony Lopez, City Manager reported that the existing solid waste collection rates have been in place for more than 23 years. With new legislative requirements, particularly that of SB-1383, and at the request of Mid-Valley, which has taken the brunt of the new rules, regulations, and the need for compliant equipment, refuse rates must be increased, and new rate categories added for recycling and organics handling. The requested increase is being done in parallel with a proposed new solid waste collection agreement with Mid-Valley, handled separately from this resolution for rates. The new agreement also contains a street sweeping fee applicable to all customers, including detailed terms for Mid-Valley to perform street sweeping within the City limits on a regular basis. Working closely with City staff, Dan Bergmann of IGService prepared a rate study to evaluate the City’s cost of billing and overhead associated with solid waste collection and to comply with the requirements of Proposition 218. The rate study is included with this staff report. The Proposition 218-compliant rate notice is also included. The alternative is not to increase solid waste collection rates. If so, revenue will be less than overall operating costs of the solid waste enterprise fund, and general fund revenue would need to be used to cover solid waste operating costs. The proposed increases over the next five years are planned to meet operating costs for the solid waste enterprise fund such that solid waste operations are not a burden on the City’s general fund. The overall revenue increases are shown in Attachment 2 of the rate study. Joint Meeting City Council/Successor Agency/PFA – January 25, 2024 Page 3 of 5 ATTACHMENTS: 1. Proposed Resolution with new refuse rates 2. Proposition 218-compliant rate notice 3. IGService Rate Study, dated December 1, 2023 Staff recommends that the City Council approve the attached resolution (Resolution 2024-05) to adopt revised solid waste collection rates, effective February 1, 2024, to cover increased operating costs associated primarily with the City’s contracted cost with Mid-Valley Disposal. Dan Bergmann of IGService reported that everything tonight is the end of a long process. One of the things he wanted to revisit was the process Mid Valley did inventory of all their containers in the field. So, they cleaned everything up. A couple of changes: 1) that your existing billing collets $4.00 what's called recycle fee, that's going away and getting rolled into the other ways, but what's being added is a line item for the street sweeping fee that has not been charged before. Also, know worked with Mid Valley discussing they're new agreement. Also consistent with the law and the requirements of Prop 218, the rates have been adjusted. So, everything is proportional and portion to street sweeping. The one thing he noticed and mentioned to the City Clerk already in the resolution, there is a reference in one of the recitals to December 16th that if you choose to approve this resolution, that needs to be corrected to November 16th it’s important for 45 days noticing. He thanked all the city staff and City Council for all their time, and it been a pleasure to work with you all. City Manager Lopez City just want to reiterate that this is just for the collection of our solid refuse trash nothing to do with the landfill and there will still have the spring clean-up which staff will changed making it more flexible to the community. These erase that interchange for over 19 years based on what we could find, and we are adding a street sweeping be $2.50 to provide better service. Mayor Preciado opened Public Hearing for Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024 -February 1, 2028 at 6:31 p.m. Maria Ortiz, City Clerk announced has not received any letters of protest and no comments of protest or public comments. Moses Diaz, City Attorney mentioned that for the record under Prop 218, written protest can be submitted up until the time that the mayor closes the public hearing. So. while we are taking public comment, it's still open. Mayor Preciado Closed Public Hearing for Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024-February 1, 2028, at 6:33 p.m. RESOLUTION 2024-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA, INCREASING THE CITY'S SOLID WASTE COLLECTION RATES AND CHARGES EFFECTIVE FEBRUARY 1, 2024. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Police Department Activity Report: Robert A. Nevarez, Chief of Police Joint Meeting City Council/Successor Agency/PFA – January 25, 2024 Page 4 of 5 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. A. Special Presentations/Reports: 1) None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Approval of Stationary Food Vending Application and related fees (Resolution 2024-06). Anna Lara-Nieto, Senior Recreation Leader, reported that over the past several months, Staff received inquiries from several Mobile Food trucks expressing interest in conducting operations within the city on both weekdays and weekends. In response to these requests, Staff conducted research to see how these food trucks work in the rest of the Valley. Staff has discussed the feasibility and rules surrounding Stationary Food Vending. Research revealed that neighboring cities have successfully implemented programs allowing for such vending through a structured process involving applications, permits, and payment. Enclosed with this report, you will find proposed application form and accompanying guidelines detailing the procedure for facilitating Stationary Food Vending. Senior Recreation Leader Lara-Nieto continued that the proposed location for this activity is Rice Park, specifically along the road/median leading to the Recreation Center. It is Staff's belief that permitting Stationary Food Vending will yield positive community engagement outcomes. This initiative aligns with the established practices of neighboring municipalities and presents an opportunity for residents and visitors to access a diverse array of food offerings. Staff hopes to continue attracting more food truck vendors and invite them to future events or create new events surrounding food trucks. In the future, this item may need to be adopted into the municipal code and/or zoning ordinance for conformity. Staff recommends approving Resolution 2024-06 RESOLUTION 2024-06: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF STATIONARY FOOD VENDING AND APPROVING ASSOCIATED APPLICATION AND FEES. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. B. Consider Approving a Professional Services Agreement with Collins & Schoettler Planning Consultants for City Planning Services (Resolution 2024-07). City Manager Lopez reported that The City has experienced an increased demand for comprehensive city planning services in recent months, necessitating the recruitment of a skilled professional to assume the responsibilities of City Planner – particularly after the departure of the Community & Economic Development Director. After careful consideration and evaluation of potential consulting firms, Collins & Schoettler Planning Consultants emerged as a highly qualified and reputable option, due to their experience working in similar small rural communities like Avenal. Collins & Schoettler Planning Consultants bring a wealth of experience and expertise in urban planning, having successfully executed similar roles in various municipalities such as: Exeter, Sanger, Farmerville, Firebaugh, and Huron. Their team is equipped to handle the complexities of our city's planning needs, ensuring efficient and effective implementation of development strategies. The proposed scope of work includes comprehensive urban planning services, zoning analysis, land use planning, permitting services, running Planning Commission meetings, and reviewing business licenses. Collins & Schoettler Planning Consultants will work closely with city staff to align their efforts with the City’s vision and goals. Collins & Schoettler would be available on demand and could on occasion have office hours in Avenal as well. Joint Meeting City Council/Successor Agency/PFA – January 25, 2024 Page 5 of 5 City Manager Lopez concluded the proposed contract with Collins & Schoettler Planning Consultants includes a one- year term, with compensation outlined at $135 per hour in the attached statement of qualifications. The cost of engaging this consulting firm is within the budget for the Community Development Department, for up to 887 hours in lieu of hiring a full- time Community & Economic Development Director. Approve by motion, Resolution 2024-06, authorizing the City Manager to sign a Professional Services Agreement with Collins & Schoettler Planning Consultants. Councilman Verdugo would like to add that he would like an amount not to exceed $120,000, stipulated in the agreement. City Manager Lopez mentioned that could be done. RESOLUTION 2024-07: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA, AN AGREEMENT WITH COLLINS & SCHOETTLER PLANNING CONSULTANTS FOR THE ON-CALL CITY PLANNING SERVICES. Councilman Verdugo motioned to approve, second by Councilman Gravelle and motion carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Ramirez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Clerk Ortiz reported that 700 forms will be available. City Manager Lopez reported the following: 1) Thanked, City Council for speeding meeting. Also, appreciates Council's patience and understanding with all the projects and support; 2) New Chief of Police coming on board. Chief Robert Nevarez will be transitioning to another role in the agency; 3) Announcement - There will be a graduation happening tomorrow for a current residents Sophia Lopez graduating from the Police Academy. If the City Council is interested in attending, please reach out to Staff; 4) reminder City County Coordinating confirmed on February 21st and sending invites. Councilman Gravelle thanked Staff and Ana Lara-Nieto for bring business to Avenal. 1 Councilman Verdugo mentioned the following: 1) requested Mental Health give a report. City Manager Lopez mentioned that Staff reachout to Mental Health their short staffed and they will be attending the second meeting on February 22nd. 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 7:11 p.m. Respectfully submitted, Maria Ortiz, City Clerk 1