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 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 5:19 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. 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 5:48 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/CrisCom. Party with whom negotiating: County of Kings/State of California. 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 6:23 p.m. with nothing to report out of Closed Session PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: 6: Esmeralda Ramirez reported the following: 1) Noise compliant at all hours of the night; and 2) she would like a copy of City Ordinance regarding noise and loud music because of the loud music and nothing is done. Darlene Stacey reported the following: How to paint the approach with red because car parks and never moves that a concern. Joint Meeting City Council/Successor Agency/PFA – April 25, 2024 Page 2 of 4 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 March 28 & April 11, 2024. B. Ratify Approval of Proclamation - Autism Acceptance and Awareness Month 2024. C. Ratify adoption of the Fiscal Year 2020-2021 Financial Audit. D. Consider Entering into an M.O.U. with Avenal Rotary Club for 2024 Old Timers’ Day Festival. E. Consider Approval of a Subrecipient Agreement with County of Kings for a digital sign: Resolution 2024-16 Councilman Verdugo would like to pull Item E. and move it to New Business Item 10.-B. Councilman Verdugo motioned to pull Item E. and move it to New Business Item 10.-B. seconded by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. Council Member/Successor Agency Member Verdugo motioned to table this 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. ACTIVITY REPORTS/SPECIAL PRESENTATIONS& COMMITTEE REPORTS: A. Activity Reports: 1. Police Department Activity Report: Cecilio Velasco, Chief of Police. Cecilio Velasco, Chief of Police 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 RECOGNITIONS: Meritorious Conduct for Officers: Sofia Lopez and Irma Soto. Chief Velasco reported and presented to recognize the exemplary and meritorious conduct of Police Officer Sofia Lopez and Senior Officer Irma Soto of the Avenal Police Department, whose actions on April 4th, 2024, demonstrated exceptional bravery and professionalism. The conduct of Officers Lopez and Soto on this day stands as a testament to their dedication to the safety and security of our community. Their actions went above and beyond the call of duty, embodying the highest standards of courage and professionalism expected of law enforcement officers. It is with great honor that I recommend Police Officer Sofia Lopez and Senior Officer Irma Soto for public recognition before the Avenal City Council. Their bravery, quick thinking, and unwavering commitment to their duties have not only brought great credit to themselves and the Avenal Police Department but have also reinforced our community's trust in our law enforcement officers. The meritorious conduct of Officer Lopez and Senior Officer Soto reflects the values and commitment of the Avenal Police Department to protect and serve with excellence. Their actions on April 4th have made a significant impact on our community’s safety and well-being. As such, recognizing their bravery and professionalism is both appropriate and deserved. Chief Velasco gave certificates of reignition to Officers Lopez and Senior Officer Irma Soto. Also, received an award from Assemblyman Mathis Office Representative - Logan O’Neal gave certificate of recognition to Officers Lopez and Senior Officer Irma. 2. Community Development Activity Report: Karl Schoettler, Contract City Planner, 4Creeks Karl Schoettler, City Planning Consultant reported the following: 1) New Amigo Market Site Plan Review and Lot Merger for new downtown market; 2) Review and comments on new comprehensive Zoning Ordinance update and Subdivision Ordinance update; 3) Preparation of staff report and resolution to Planning Commission regarding new school district Joint Meeting City Council/Successor Agency/PFA – April 25, 2024 Page 3 of 4 administrative facility on S. 7th Avenue. Attended Planning Commission meeting; 4) Potential solar project west of Highway 33; 5) Response to miscellaneous public and staff inquiries planning and zoning issues Familiarization with City plans, maps, and policies. Also, merged with 4Creeks; and 6) CrisCom: Legislative update, Economic update & Grant writing update. B. Special Presentations/Reports: 1) MidValley Disposal: “Recycle Cart Rollout Update.” Presenter: Isaac Kulikoff. Isaac Kulikoff reported the following: 1) Cart placement instructions are outlined in their flyer due to SB 1393 and contract updates; 2) the city has an alternate commodity system recycling where trash few days out of the week and then all the greenways on Friday; 3) New Route start May 7th all trash, recycle and green waste cans will be collected routes have been left with owners. Also, if people do forget they will be pulling containers out to have them serviced for a grace period of about two to three weeks; 4) gave residents recycling guide to inform them what can be placed in the trash cans for better service; and, 5) all carts will be picked up on the curb. MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider Approval of Council Policy 2024-01 (Council Stipend/Compensation): Resolution 2024-17 Councilman Verdugo motioned to table item and would like to see all councilmembers present, seconded by Councilman Hernandez Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. PUBLIC HEARING(s): A. None OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Approval to Establishing Two Temporary Employment Positions (Temporary Office Clerk & Temporary HR/Risk Assistant) within City Hall: Resolution 2024-18. Robert A. Nevarez, Director of Public Safety reported that The City Hall Finance Department has demonstrated resilience and adaptability in managing the city's financial transactions. As part of our ongoing efforts to enhance operational efficiency and maintain the highest standards of fiscal responsibility, there is a recognized need to augment our current staffing levels with temporary help. This initiative comes as we capitalize on an opportunity to expedite the updating of financial records, including accounts payable and receivable, thereby ensuring the accuracy and timeliness of budget presentations and fiscal audits. The Finance Department is presently staffed by the Director of Administrative Services and the Finance Assistant. While the bulk of our audit processes are efficiently handled by Price Paige & Company, the day-to-day financial entries essential for budget adjustments have been accumulating due to the sophisticated demands of our financial systems integration, including the transition to new utility billing practices that necessitate double entries. Proposal: In recognition of these special circumstances and to leverage our current momentum in catching up the audits and a final budget for 2023/2024 and a budget for 2024/2025, Staff requires the following: 1. Temporary Office Clerk – focus on data entry across both finance systems and processing accounts receivable. 2. Temporary HR/Risk Assistant – to fill a current staffing shortage from a medical absence. These positions are intended to support the department, up to four months, 30 hours per week, during this crucial period of system transition and catch-up. The addition of these roles will ensure that our financial data remains current and that our budgeting process is both accurate and expedient. Staff recommend approving by Resolution and creating two temporary positions Temporary Office Clerk & Temporary HR/Risk Assistant at City Hall. RESOLUTION 2024-16: ESTABLISH TWO TEMPORARY EMPLOYMENT POSITIONS WITHIN CITY HALL. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motion carried. Joint Meeting City Council/Successor Agency/PFA – April 25, 2024 Page 4 of 4 Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. B. Consider Approval of a Subrecipient Agreement with County of Kings for a digital sign: Resolution 2024-17 Humberto Bermudez, IT Manager reported that the proposed collaboration involves replacing an outdated digital sign with a new, large digital sign. This initiative began with KCBH agreeing to allocate funds for the purchase of the sign, an action that the Council previously approved. The location for the new sign is where an existing sign currently exists, at the corner of Kings Street and Skyline Boulevard. Following a thorough review by the City Attorney, only minor modifications were suggested to the draft Memorandum of Understanding (MOU). KCBH has provided satisfactory assurances regarding the management of advertisements and announcements, detailing how both KCBH and the City will utilize the digital sign. Based on the collaborative negotiations and the strategic benefits to the City, staff recommends approval of the MOU. KCBH will be permitted to use the sign for their announcements for up to 50% of the operational time. Staff, together with KCBH, will determine the useful life of the sign, estimated between 5 to 10 years. Upon conclusion of this period, the City will assume full operational control of the sign. Post-approval, the next steps will include: • Official agreement by the County in May. • Transfer of funds from KCBH to the City. • City procurement and purchase of the digital sign (to be approved in a future meeting). • Oversight of construction and implementation by the city, who will also maintain managerial responsibility for the sign. Staff recommends by motion, approve the subrecipient agreement with County of Kings for a digital sign. RESOLUTION 2024-17: APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH KINGS COUNTY BEHAVIROL HEALTH FOR DIGITAL SIGNS. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motion carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) May 4th- Invite everybody to the 41st Old Timers Day Celebrations - Friday evening Spaghetti Feed at Theater & dinner and a movie showing of Star Wars for all our Rotary members. Saturday Breakfast: 7:30–10:30AM at Veterans Hall and the main festival on Saturday will begin at noon with a parade off a King Street and then activities at the park like normal. They will have 3 bands from 3:00 to 8:00 PM The first drone shows at 8:00 PM all invited. Councilman Verdugo reported the following: 1) come and support the Breakfast hosted by Avenal Assembly of God. 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 7:41 p.m. Respectfully submitted, Maria Ortiz, City Clerk