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 March 14, 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 5:19 p.m. ROLL CALL: Councilmen’s: Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez, Pablo Hernandez, Mayor Alvaro Preciado. Councilman Lou Gravelle joined meeting at 5:40 p.m. ABSENT: None. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Velasco. Williams. 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 asked for a moment of silence for Donna Curt as she has passed away. 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 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: 040-165-007. Negotiator(s): City Manager / City Attorney. Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms. B. Initiate Litigation (Government Code § 54956.9(d)(4)). Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)(4)). Initiation of Litigation (Paragraph (4) of subdivision (d) of Gov. Code § 54956.9)). Number of potential cases is: 1. Mayor Preciado reopened meeting at 6:27 p.m. with the following report: City Council initiate litigation and authorized legal defense. The particulars will be disclosed upon inquiry, after filing. Mayor Preciado motioned to initiate litigation and authorized legal defense, seconded by Councilman Gravelle, and motion carried. Roll Call Vote: AYES: Preciado, Gravelle, Verdugo, Hernandez, Ramirez. Joint Meeting City Council/Successor Agency/PFA – March 14, 2024 Page 2 of 5 NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Maria Ortiz, City Clerk announced one request for public comment from Raul Corona. Pastor Raul Corona, Church Casa De Dios Cristina Fellowship stated the following: They had an incident about 2-weeks. Church Casa De Dios Cristina Fellowship has food distribution the first Friday of each month and there are always issues with the public/community, but this month they had an incident with Ricardo Verdugo. Mr. Verdugo came to the church and did not suggest came in the name of the city because he is a resident of Avenal. The Church sets aside food about 20-food baskets for those that come late, but Mr. Verdugo stated that the church hides it, and one thing is set aside and store it for the ones that come in the afternoon and another thing is to hide the food. It surprised him when Mr. Verdugo as a member of the City Council there were complaints Mr. Verdugo took pictures and video. Staff from the church also too videos asked Mr. Verdugo to leave. Also, for example if Shelia Mr. Verdugo’s wife needs help form use, we work together in collaboration to help. Also, this was uncomfortable because he came to use ordering not suggestion. Also, contacted the Food Bank and any complaints need to go through them and would like this to stop. Teresa Corona reported the following: 1) this incident wasn’t a good example for anyone especially because we are serving God; 2) Also, the city has a statement In God We Trust; 3) the Church has meeting with the Food Bank, If there issues or complaints call the Food Bank they will inform us of we are doing wrong; and, 4) we hope to keep working together. Antony Lopez, City Manager announced that to make it clear that the City Council did not vote or take any action to send any Council Member to represent the city to any food distribution and hopes that there's not, that this situation is not become misconstrued as a city condoning any of the alleged actions. Mayor Preciado mentioned that unfortunately the City Council is unable to comment on any items that is not in the agenda. Also, they take any complaints seriously, invites the community to participate in council meetings and go to City Hall to request information, any inquiries/issues or complaints and see what the city may be able to work on. If there's any follow up or anything else the City Manager would reach out. 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 February 22, 2024. B. Consider FY 2023/24 Local Transportation Fund Claim (LTF): Resolution 2024-12. C. Consider Replacing the vacant Community Development position, into the Building Assistant: Resolution 2024-13. D. Consider One-Time Additional Premium Pay Stipend to Bargaining Unit 4: Councilman/Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried. RESOLUTION 2024-12: A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AVENAL AUTHORIZING A CLAIM TO BE MADE FOR THE LOCAL TRANSPORTATION FUNDS FOR THE 2024/25 FISCAL YEAR, FINDING NO UNMET PUBLIC TRANSIT NEEDS AND AUTHORIZING THE CITY MANAGER TO MAKE AND AMEND SUCH CLAIMS. Councilman Verdugo motioned to approved as presented, second by Councilman Hernandez, and motion carried. RESOLUTION 2024-13: AMENDING AN EXISTING EMPLOYMENT POSITION WITHIN CITY HALL. Councilman Verdugo motioned to approved as presented, second by Councilman Hernandez, and motion carried. RESOLUTION 2024-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUPPORTING AND APPROVING OFFERS TO THE EMPLOYEE DESIGNATED NEGOTIATING TEAMS NO. 4 AS PER REQUESTED FOR FY 2023/2024. Councilman Verdugo motioned to approved as presented, second by Councilman Hernandez, and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency/PFA – March 14, 2024 Page 3 of 5 MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider Approval to Officially Join the California Sustainability Coalition’s efforts to address feasibility and concerns to the State’s Sustainability Initiatives: City Manager Lopez reported two points of correction wrong heading on the agenda and posted that there was a resolution but not required. Also, added that Mayor may add comments. There are two letters signed on by numerous Mayor’s and City officials addressing significant concerns and challenges to the State Budget 2035 which undercut your zero emissions policies and ability to comply. The following are just a few of many examples which are threatening our businesses, livelihoods, and our communities: 1) Waterfront Labor and Preservation of Union Jobs, Tugboats and Harbor Craft, Food processing facilities, Drayage Trucking to/from Ports of Los Angeles, Long Beach and Oakland, and rail terminals, Temperature Monitoring of Freight, African American Farmers/ Asian Farmers and other cultures, Francisco: Rural Community Resident, Cities and Towns in Support of The California Sustainability Coalition, We, the undersigned towns, and cities, representing a diverse array of communities from the San Joaquin Central Valley to the bordering cities along the Central Coast and Mojave Desert, are united in our commitment to sustainability and environmental stewardship. Our coalition encompasses both rural and urban areas, each with unique challenges and perspectives on the state’s sustainability initiatives. While we fully support the goals and objectives of the administration's policies, many of which have commenced as of January 1, 2024, we are increasingly uneasy about several critical issues that could impede the successful and complete realization of these initiatives by 2035. Our collective concerns are as follows:  Trucking Industry Challenges: We are facing an increase in operational costs for our businesses and municipal services, coupled with a decrease in delivery efficiency due to the limited availability of compliant vehicles.  Power Grid and Substation Limitations: The existing power infrastructure is insufficient to meet the increased demand. The financial burden of equipping every household, business, and facility with necessary connections, along with the escalating electricity costs, poses a significant challenge.  Transportation and EV Infrastructure: The high cost of compliant vehicles and the lack of Electric Vehicle (EV) charging stations, especially in rural areas, both in residences and at workplaces.  Loss of Jobs: The transition is expected to lead to a reduction in available jobs, particularly affecting the trucking sector and businesses dependent on current infrastructure capabilities. Mayor Preciado stated that as part of those that dialogue that the Council formally adopt or support the letters. The California Sustainability Coalition’s efforts to address feasibility and concerns to the State’s Sustainability Initiatives. Councilman Gravelle motioned to Approval to Officially Join the California Sustainability Coalition’s efforts to address feasibility and concerns to the State’s Sustainability Initiatives, second by Councilman Hernandez and motion carried. B. Consider Formal Direction on revising the City Council Compensation/Stipend City Manager Lopez reported that This proposal offers four options for adjusting the compensation of Avenal City Council members. The aim is to better align council members' compensation with their participation in council meetings, city events, and functions, ensuring accountability and maximizing benefits to the community. *Option 1: Performance-based Incremental Compensation  Base Pay: $300/month. Additional pay for attending council and board meetings, active participating in (signing up to help at events) or simply attending city events.  Max Compensation: $950. *Option 2: Deduction-based Compensation  Base Compensation: $950/month.  Deductions applied for non-attendance at council meetings, city events, and board/committee assignments.  Deductions: • Regular Meeting: -$300 for absence/meeting or -$600 is only one meeting scheduled • Special Meeting: -$100 for absence/or no meeting • Board/Committee Meeting: -$150 for absence/or no assignment • City Event: -$50 (attend) per absence, assuming two events per month. • Budget: $57,000/year, ensuring participation through deductions. Joint Meeting City Council/Successor Agency/PFA – March 14, 2024 Page 4 of 5 *Option 3: Base Plus Special Participation Compensation  Base Pay: $450/month, requires attendance at all council meetings.  Additional $150 for attending special committee/board assignments.  Deductions:  Regular Meeting: -$225 for absence/meeting or -$450 is only one meeting scheduled.  Special Meeting: -$150 for absence/if scheduled.  Board/Committee Meeting: $150 if assigned per month.  City Event: $100/must attend two per month or no benefit, or volunteer at one.  Budget: $57,000/year. Option 4: Flexible Stipend Without Attendance Requirement  Council members receive up to ~$950/month at council's discretion, without specific attendance requirements.  Budget: Up to $57,000/year. *Attendance. In options 1-3, attendance would be verified by both the City Manager and City Clerk, a tally of attendance and present it as part of the consent calendar once per month during a council meeting. *Community Grant Fund. Remaining funds and budget surplus can be reallocated into a special City Council - Community Grant Fund, where request can be considered by the majority of council on a case-by-case basis for ad-hoc requests by recognized and eligible groups or causes. This fund would also be expected to have funding for regular yearly requests for establish organizations. City Manager concluded This proposal outlines four distinct options for revising the compensation structure for Avenal. The City Council members each option has been designed with the goal of incentivizing participation, ensuring accountability, and aligning compensation with community engagement. The City Council is encouraged to review these options carefully to select the structure that best aligns with the city's goals and the council members' roles and responsibilities. After a brief discussion, the following action was taken. Councilman Verdugo motioned to have a flat rate of $450 and no second motion dies. Councilman Hernandez motion*Option 1: Performance-based Incremental Compensation Base Pay: $300/month. Additional pay for attending council and board meetings, active participating in (signing up to help at events) or simply attending city events. Max Compensation: $950, second by Mayor Pro Tem Ramirez and motioned carried. Roll Call Vote: AYES: Hernandez, Ramirez, Preciado. NOES: Verdugo, ABSENT: Gravelle. ABSTAIN: None. 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 the following: 1) Code Enforcement; 2) Park & Landscape; 3) Animal Control; 4) Streets; 5) Water Distribution; 6) Wastewater Distribution; and 7) Vehicle, Equipment, Building Maintenances 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) Others: -Awaiting a response from the City Attorney regarding the MOU Kings County Behavioral Health sent. - Continuing to assist in local events (Food distributions, Chief Swearing In Ceremony, County Coordinating Meeting) Assisting in onboarding our Part-Time Customer Service Representative with OpenGov. Continues to maintain the city website and provide tech support across all facilities. Joint Meeting City Council/Successor Agency/PFA – March 14, 2024 Page 5 of 5 3. Recreation Department Activity Report: Sheila Verdugo, Community Activities Supervisor. City Manager Lopez reported the following: 1) Shelia Verdugo out medical leave; 2) Community Garden; 3) Loteria/Move Night; 4) Meeting with Families of children with needs; 5) the Amazing Race Obstacle Course; 6) March 23rd Ester Extravaganza 11-2pm; 7) Working on petting zoo & Rentals and 8) collaboration - Health Collaborative Outdoor Movies FEC Health Fair, AAG Music in the Park, Rotary – OTD/Food Distributions, Patty’s Studio – Theater Classes, KCAO – Scholarships for Kidz Spot Summer Program, Valley Voices and County Elections 33. B. Special Presentations/Reports: 1) None. PUBLIC HEARING(s): A. None OLD BUSINESS: A. None. NEW BUSINESS: A. None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) Financials will be presented at the next meeting; 2) Measure A brought in $700,00 and thanked the City Council. Councilman Gravelle thanked all employees for all they do. Councilman Verdugo reported the following: 1) he would like to see the financials each month. Mayor Preciado reported the following: 1) attended many meetings and thanked all for attending. ADJOURNMENT: Mayor Preciado re-opened meeting at 9:52 with nothing to report and no further business the meeting was adjourned at 7:41 p.m. Respectfully submitted, Maria Ortiz, City Clerk