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 APRIL 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 5:19 p.m. ROLL CALL: Councilman Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado. ABSENT: Councilmen’s: Lou Gravelle, Ricardo Verdugo. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Velasco. Williams Lara-Nieto, Nevarez. LEGAL COUNCEL: Moses Diaz. Mayor Preciado reported that as discussed with the City Attorney Moses Diaz due to Alejandro Ramirez, Mayor Pro Tem not feeling well decided to stay home and participate through teleconference to have a quorum. Moses Diaz, City Attorney stated that is correct Mayor Pro Tem Ramirez is within the jurisdiction, which is one of the requirements when teleconference, the Board Members/the Council Members present need to approve of the teleconferencing. In addition, if the City Council has any technical requirements, they need to stop the meeting, resolve it before they can take any action or resume the meeting. So, the City Council must make sure that all are aware of the requirement. It is under the new legislation effective until January 1, 2026, in the League of Cities Opening Public meeting publication. Mayor Preciado motioned to approve of the teleconferencing allowing Mayor Pro Tem Ramirez to patriciate in the meeting, seconded by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Preciado, Hernandez, Ramirez. NOES: None. ABSENT: Gravelle, Verdugo. 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. Antony Lopez, City Manager requesting: 1) Adding Emergency Item to the agenda as New Business Item 10.-A. which would be to Consider Ratification and Adoption of the Fiscal Year 2020-2021 Financial Audit. This item was provided to Staff the day after the agenda was posted for this meeting and given that Staff has many organizations, grants that are waiting on this audit. It would be beneficial for the Council to approve this item at this meeting and Staff can bring it back for ratification at the next regular City Council meeting; and 2) Staff requesting consider opening Item 7.-A. Animal Control Report; Raul Valadez, Animal Control Officer II need to present first because has another engagement with Community Animal Shelter in Coalinga. City Attorney Diaz state that an emergency item must have come to the attention of Staff after the posting of the agenda. There must be an urgency needed to act before the next City Council meeting. In addition, to add the emergency item, there Joint Meeting City Council/Successor Agency/PFA – April 11, 2024 Page 2 of 5 needs to be a majority approval of at least 4/5 here, since there only three (3) Council members the vote needs to be unanimous to add this item and as City Manager recommended, City Attorney Diaz, also recommend that these items be put on the agenda as urgency. Therefore, at the next meeting should be ratified/reapproved with a new opportunity for public to comment at that time and make sure that the City Council has a second approval using the proper time frame. Mayor Preciado motioned to approve 1) Adding Emergency Item to the agenda as New Business Item 10.-A. which would be to Consider Ratification and Adoption of the Fiscal Year 2020-2021 Financial Audit; and 2) opening Item 7.- A. Animal Control Report; seconded by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Preciado, Hernandez, Ramirez. NOES: None. ABSENT: Gravelle, Verdugo. ABSTAIN: None. 7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS& COMMITTEE REPORTS: A. Activity Reports: 1) Animal Control Activity Report: Raul Valadez, Animal Control Officer II. Raul Valadez, Animal Control Officer II reported the following: 1) Stray and abounded dogs, problem north of the high school and Avenal State Prison southbound of Hwy33 towards the Avenal Sports Complex; 2). Also, addressing these issues with City Manager, Public Works Director, and Public Works Supervisor to address issues with cats are free roaming animal and research State guidelines; 3) New rescues: Love Animal Heaven, Lemoore Animal Heaven & Santa Barbara Sanctuary to better assist us by either pulling animals from us, dogs, cats and believe it or not, owls, hawks, pigs, roosters, chickens, wildlife and farm animals; 4) multiple calls dogs running at large, do attaches etc.. the residents need to be honest about incidents going on to prioritize which is the most critical; 5) need more assistance with another Animal Control Vehicle, tranquilizer guns, netting all being useful but staff; 6) open door policy – He invites the City Council to come and see their work and ask question at the Animal Control Shelter; and 7) continue to work with the community/rescues and provide vaccinations for all dogs or cat May The City Council went into Closed Session at 5:48 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. Pending Litigation (Government Code § 54956.9). Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal (Kings County Superior Court, Case No. 24CU0071) Mayor Preciado reopened meeting at 6:26 p.m. with nothing to report. Welcomed all to the City Council meeting. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Alma Madera commented that voicing support for the community grant funds for Kids Day 2024 and invited CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). Joint Meeting City Council/Successor Agency/PFA – April 11, 2024 Page 3 of 5 A. Consider City of Avenal/Successor Agency’s Approval of Minutes for March 28, 2024. B. Consider Approval of Council Policy 2024-01 (Council Stipend/Compensation) Resolution 2024-16. Mayor/Council Member/Successor Agency Member Preciado motioned to table this Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried. Roll Call Vote: AYES: Preciado, Hernandez, Ramirez. NOES: None. ABSENT: Gravelle, Verdugo. ABSTAIN: None. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Proclamation - Autism Acceptance and Awareness Month 2024. Antony Lopez, City Manager gave a proclamation to Lucy Gonzales for Autism Acceptance and Awareness Month 2024. City Manager Lopez read the proclamation: Proclamation Autism Acceptance and Awareness Month 2024 WHEREAS, autism affects an estimated 1 in 36 children and is a complex disorder that affects each person differently, resulting in unique strengths and challenges; and WHEREAS, autism can cause challenges with verbal and nonverbal communication, social interaction, and repetitive behaviors, and can affect anyone, regardless of age, race, ethnicity, gender, or socioeconomic background; and WHEREAS, autism is often accompanied by medical conditions that impact quality of life; and WHEREAS, a comprehensive, collaborative approach will help to advance research, providing a better understanding of the many forms of autism, while strengthening advocacy efforts and ensuring access to services and resources throughout the lifespan; and WHEREAS, early diagnosis and intervention tailored to individual needs can have lifelong benefits, easing the transition to adulthood and fostering greater independence; and, WHEREAS, each person and family affected by autism should have access to reliable information, services, supports and opportunities to live up to their greatest potential; and, WHEREAS, the City of Avenal is honored to take part in the annual observance of Autism Awareness Month and World Autism Day to address the diverse needs of individuals and families affected by autism; NOW, THEREFORE, I, Alvaro M. Preciado, do hereby proclaim April as Autism Acceptance and Awareness Month in the City of Avenal, California, and pledge to increase understanding and acceptance of Autistic People throughout the city. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Avenal to be affixed this 11th day of April, in the year 2024. SIGNATURE: ________________________________. Alvaro M. Preciado, Mayor of Avenal ATTEST: ________________________. Maria A. Ortiz, City Clerk 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. Joint Meeting City Council/Successor Agency/PFA – April 11, 2024 Page 4 of 5 2. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Internet; 2) Phone System; 3) Emails; 4) Services: Regular Security Maintenance, -Continuing reorganizing documentation of all services for future reference, beginning ordering equipment to replace Kings County IT’s loaned networking equipment, Server purchasing to follow soon after. The City’s next scheduled check-in call is on April19th; and 5) Other: Continuing to assist in local events (Food distributions, Easter egg hunt) and continues to maintain the city website and provide tech support across all facilities. a. City Engineer Report, Javier Andrade – A&M Consulting Engineering: Javier Andrade, PE, QSD/Principle Civil Engineer – A&M Consulting Engineers reported the following:1) Current Grant Applications – Raise Grant Application Raise Grant Application- Advancing Community Connectivity with Equity, Safety, and Sustainability (ACCESS) Approx.: 17M; Active Transportation Program Grant (ATP) (Cycle 7)- Undergrounding the Camino de Arroyo (trail) Approx.: 3-5Million; Sustainable Transportation Program (Completed)- Climate Action and Adaptation Plan $350,000; Congestion Mitigation And Air Quality (CMAQ)- Quick Build South 7th Approx.: $500,000; Congestion Mitigation And Air Quality (CMAQ)- North 7th Avenue reconstruction Approx.: $2 Million; •Urban Greening- Avenal Urban Greenway $3.5M. 3. Recreation Department Activity Report: Anna Senior Community Activities: Anna Senior Community Activities: 1) Community Garden; 2) Easter Extravaganza – Was held on March 23rd from 11 – 2 p.m.; 3) Rental Report; 4) working on: Avenal Old Timers Day, Family Tea-Time, Summer Kidz Spot program. 5) Administrative Activity Report: Robert Nevarez, Director of Public Safety; 6) Collaborations: Avenal State Prison Kidz Day, Health Collaborative Outdoor Movies, Gear up / RSUSD Resource/ Health Fair, Rotary – OTD/Food Distributions, KCAO – Scholarships for Kidz Spot Summer Program, Valley Voices, Family Engagement Back to School Event; 7) Regular Rentals - Veterans Hall: Seniors, Monday-Friday 10-4pm, Every Saturday, KCAO (tax program) 8am-4pm. By appointment only, AA Group- Paid Rental, Assembly of God- Paid Rental. Avenal Theater – St Joseph Catholic Church. Recreation Center - Kings County Election Office- Paid rental, Valley Voices- Every 2nd Friday of each month- Covid/Food Distribution – Paid Rental, St. Joseph Catholic Church- Paid Rental, Community paid rental. Rice Park Pavilion & Sports Complex: 6 Community – Paid Rental. 4. Activity Report for Public Safety: Anna Senior Community Activities: Robert Nevarez, Director of Public Safety reported: 1) Significance projects; 2) planning staffing; 3) presenting budget in June;4) Police Department memorandum of understanding (MOU) recommendations; 5) Kings County MOU regarding Dispatching gave recommendations to City Manager; and 6) Internal Investigation Claim completed. B. Special Presentations/Reports: 1) None. PUBLIC HEARING(s): A. None OLD BUSINESS: A. None. NEW BUSINESS: A. Consider ratification & adoption of the Fiscal Year 2020-2021 Financial Audit - EMERGENCY ITEM Griselda Price, Director of Administrative Services, reported that Mr. Ivan Sotomayor, CPA with Sotomayor and Associates, CPAs the City’s independent auditor, has submitted the FY 20/21 Audited Financial Statements for the Council/Agency Members on April 9, 2023. The FY 20/21 Audit is included in the Council Packet for the City Council/Successor Agency/PFA consideration. The FY 20/21 Audit contains no findings, compared to previous audits that highlighted the City’s struggles to reconcile the finance system with the bank statements in FY 15/16; 16/17; 17/18; 18/19; and 19/20. Of note, there was no report for the Single Audit given that the expenditures are below the single audit threshold of $750,000. This is being presented as an Emergency Item given that the final audit was submitted after the agenda was posted for the April 11th meeting and approving the audit to share with our grantors and other agencies as soon as possible is of upmost importance to not lose funding and allow projects to proceed. Joint Meeting City Council/Successor Agency/PFA – April 11, 2024 Page 5 of 5 Staff recommends by motion, formal acceptance of the FY 20/21 Audited Financial Statements, ratifying the City Manager’s acceptance of said audit and consent to continue with Sotomayor and Associates, CPAs for the FY 21/22 audit, with an upcoming representation letter. Direct Staff to present this item once again at the next City Council meeting in the Consent Calendar. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) Thanked all Councilmember for their continued support of all the projects; 2) attended the Walk Audit and thanked all who participated; 3) City County Coordinating Meeting hosted by City of Hanford save the date and RSVP with Staff May 15th; 4) April 17th Avenal Police Department Block Party Corcoran by Lassen Street all invited; and 5) Also, will bring to the next meeting is an MOU with Rotary for events and Measure A brought in $700,000. Mayor Preciado reported the following: 1) attended many meetings and thanks the community for attending. ADJOURNMENT: Mayor Preciado report that with no further business the meeting was adjourned at 8:41 p.m. Respectfully submitted, Maria Ortiz, City Clerk