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 OCTOBER 24, 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 5:48 p.m. ROLL CALL: Councilman, Ricardo Verdugo, Pablo Hernandez, Mayor Alvaro Preciado. ABSENT: Councilman Lou Gravelle, Mayor Pro Tem Alejandro Ramirez. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Velasco, Lara-Nieto. 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 $450.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency. Moses Diaz, City Attorney mentioned that the scope of public comment is limited to Close Session items. Mayor Preciado opened Public Comment for Closed Session at 5:49 p.m. Rodolfo Rodriguez from Coalinga emphasized the importance of workers in creating wealth and prosperity. He noted that the sister city of Avenal respects labor and ensures fair pay for all workers involved in their projects. The City Council went into Closed Session at 5:50 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 Labor Negotiator(s) (Government Code § 54957.6). It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: APOA. B. 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 Mayor Preciado reopened meeting at 6:48 p.m. with nothing to report and apologized for the delay in the meeting due to Study Session going overtime. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Joint Meeting City Council/Successor Agency/PFA – October 24, 2024 Page 2. Maria Ortiz, City Clerk mentioned that she did not receive public comment cards. Veronica Aguirre addressed the Council, expressing concern about the lack of inadequate translation services at the meeting. She emphasized the importance of ensuring all community members, regardless of language, can understand discussions. Mrs. Aguirre requested that the Council table New Business Item 10, highlighting the complexities of carbon capture and sequestration. She acknowledged the community’s desire for economic development but stressed the need to prioritize community health. She mentioned ongoing issues with the landfill and inaccuracies in reports related to community concerns. She urged collaboration to address health issues in the underserved community, warning against the potential negative impacts of corporate interests. Mrs. Aguirre called for responsible decision-making and a focus on working together for the community’s well-being. Ruben Rodriguez addressed the Council, expressing his frustration with being yelled at during a previous interaction, especially in front of his family. He emphasized the need for open communication and dialogue between community members and the Council, stressing that he advocates for the community's best interests. Mr. Rodriguez acknowledged the complexities of the issues at hand and the importance of transparency, particularly regarding funding for community projects. He criticized the perception that the Council may prioritize financial incentives over community input, urging them to truly represent the voices of the residents. He called for a respectful and collaborative approach, reminding the Council of their shared history in advocating for local needs. Ruben encouraged them to foster an environment where community perspectives are valued and considered in decision-making processes. Rodolfo Rodriguez expressed concern about a conversation he had with a city clerk, highlighting an incident where he felt a community member was disrespected by an elected official. He noted that during a public meeting, the clerk was recording their conversation and seemed hesitant when asked about it. Rodriguez emphasized that as a community advocate, he found the questioning of his presence inappropriate and felt it was important for public servants to treat citizens with respect. He reiterated the role of elected officials to serve the community and to be accountable to the people they represent. Cecelio Velasco, Chief of Police presented New Avenal Police Department Staff as follows: Erika Martinez - Property and Evidence Officer; Karen Celis - Records Clerk; María Miranda - Police Officer. All thanked the City Council and City for an opportunity to work in Avenal. Antony Lopez, City Manager presented Staff Promotions as follows: Angie Ortiz – City Clerk/Community Development Coordinator; Ronald Brumley – Utilities Director; Humberto Bermudez – IT Director; Brian Arellano – Finance Manager; Karla Curiel — Deputy City Clerk. CONSENT \CALENDAR: All items listed under the consent calendar are routine or for approval only and are enacted by one motion: (Action). A. Consider City of Avenal/Successor Agency’s Approval of Minutes for October 10, 2024. B. Authorization to Approve and Sign the Side Letter Agreement #3 between the City of Avenal and the Avenal Police Officers’ Association (APOA) Regarding Pre-Discipline and Post-Discipline Appeal Process (Resolution 2024-51). C. Waive and Adopt the 2024 Comprehensive Zoning and Subdivision Ordinance Update (Resolution 2024-52: Ordinance 2024-02). D. Consider Final Agreement between City of Avenal and Reef-Sunset Unified School District for the Installation and Operation of a Digital Marquee Sign at Skyline Park (Resolution 2024-53). RESOLUTION 2024-51: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL RATIFIYING SIDE LETTER #3 WITH THE AVENAL POLICE OFFICERS ASSOCIATION (APOA) ATTACHED TO THE JULY 1, 2021 – JUNE 30, 2025, MOU. Councilman Verdugo made a motion to approve, seconded by Councilman Hernandez and carried. RESOLUTION 2024-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL WAIVING THE SECOND READING AND ADOPTING ORDINANCE NO. 2024-02 REVISING CHAPTER 6 AND REPEALING AND REPLACING CHAPTERS 9 AND 10 OF THE AVENAL MUNICIPAL CODE WITH UPDATED ZONING AND SUBDIVISION ORDINANCES. Councilman Verdugo made a motion to approve, seconded by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency/PFA – October 24, 2024 Page 3. ORDINANCE 2024-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENAL REVISING CHAPTER 6 AND REPEALING THE EXISTING ZONING ORDINANCE AND SUBDIVISION ORDINANCE (CHAPTERS 9 AND 10 OF THE AVENAL MUNICIPAL CODE) AND REPLACING THEM WITH A NEW COMPREHENSIVE ZONING AND ZONING ORDINANCE UPDATE. Councilman Verdugo made a motion to approve, seconded by Councilman Hernandez and carried. RESOLUTION 2024-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING THE FINAL AGREEMENT BETWEEN CITY OF AVENAL AND REEF-SUNSET UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION AND OPERATION OF A DIGITAL MARQUEE SIGN AT SKYLINE PARK. Councilman Verdugo made a motion to approve, seconded by Councilman Hernandez and carried. Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, seconded by Councilman/Successor Agency Member Hernandez, and motion carried. ROLL CALL VOTE: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. 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) Leadership Stability; 2) Recruit & Retain the best and showed recruitment video for APD; 3) international Model of Community Trust; 4) Amongst the safest cities in America; and 5) Embrace wellness amongst our employees. 2. Community Development Activity Report: Kelsey George, Contract City Planner, 4Creeks. Kelsey George, Contract City Planner, 4Creeks activity report as follows: 1) Respond to miscellaneous public and staff inquiries planning and zoning issues; 2) Conditional Use Permit; 3) Fresno and Kings County Boundary Change/Avenal Annexation; 4) Coordinate with Kings County on the Multi-Jurisdictional Housing Element; 5) Environmental Justice and Safety Elements; and 5) Zoning and Subdivision Ordinance. 3. Economic Development & Grant Writing Report: Emily Engelsgaard, Grants Manager, the CrisCom Company. Emily Engelsgaard, Grants Manager, the CrisCom Company activity report as follows: 1) Legislative Update; 2) Federal Legislative Update; 3) Sacramento Snapshot; 4) Economic Development Update; 5) Grant Writing Update: Awarded: COPS Hiring Grant - $375,000 (3 officers), Patrick Leahy Bulletproof Vest Partnership (BVP) - $6,681.50 Upcoming: Beverage Container Recycling City/County Payment Program - Due November,19th; Per Capita Program - Due December 31st; T-Mobile Hometown Grant - Due December 31st. Pending: Rural and Small Department Violent Crime Reduction Program - Ask: $300,000; Acquiring and deploying 10 Flock Cameras across critical areas in Avenal to help prevent and solve violent crimes; Community-Based Violence Intervention and Prevention Initiative Site-Based - Ask: $2,000,000; Prevent and reduce violent crime through evidence-based strategies and community partnerships; and 6) Miscellaneous: The CrisCom Team is working on a few other issues along with the City Manager having to do with Economic Development and a previous grant award. Also, our CEO, Chuck Jelloian recently met with Mayor Preciado, Chief Velasco, and City Manager Lopez to discuss coordination for the budget request. The City would like to expand their Government building to include the Police Department and City Hall within the same building. This endeavor might have some land use issues, which CrisCom will be assisting with. We will continue to keep the City Manager apprised of all grant opportunities, and another other issues and/or updates relating to the City MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider Approving Funding Request for FY 2024/2025 (Resolution 2024-54) – City Manager: Antony Lopez, City Manager, reported that the City Council allocated $50,000 in the FY 2024/2025 budget for the Community Fund, aimed at supporting non-profit organizations in Avenal using Measure A funds. This fund has a history of Joint Meeting City Council/Successor Agency/PFA – October 24, 2024 Page 4. supporting local non-profits that benefit the community. This fiscal year, four organizations submitted funding requests totaling $37,000:  Reef-Sunset Unified School District Education Foundation: $10,000  Avenal Rotary Club: $14,000  Avenal Historical Society & Museum: $8,000  Kings County Commission on Aging: $5,000 Staff recommends approving the funding requests for 1) RSUSD Education Foundation ($10,000); 2) Avenal Rotary Club ($14,000); 3) Avenal Historical Society & Museum ($8,000); and 4) Kings County Commission on Aging ($5,000), for a total of $37,000, from the City Council - Community Fund for FY2024/2025. RESOLUTION 2024-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING FUNDING REQUESTS #1 FROM THE COMMUNITY FUND FOR THE FISCAL YEAR 2024/2025. Councilman Verdugo made a motion to approve, seconded by Councilman Hernandez and carried. ROLL CALL VOTE: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. B. Update regarding new Utility Billing software implementation – City Manager (Informational). City Manager Lopez reported that the planned go-live for the new utility billing software was postponed due to our vendor, Central Square, not providing the necessary data backup for migration. Despite staff being trained and ready, the refusal to supply this backup, as per their policy limiting requests to two per year, has caused delays and frustration. The new go-live date is now set for November 19th, allowing additional training and preparation. Residents will notice minimal changes, mainly the option to pay bills online. Additionally, we are facing challenges with ACH payments, as Fast Credit Union cannot facilitate them. We are exploring options with USB to potentially handle these payments, which could provide automatic payment benefits. Further updates will be provided as we progress. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. Consider Approving SRO Agreement with RSUSD: (Discussion/Action). City Manager Lopez reported still negotiation SRO Agreement requesting to table item. Mayor Preciado made the motion to table, seconded by Councilman Hernandez and motion carried ROLL CALL VOTE: AYES: Preciado, Hernandez, Verdugo. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. NEW BUSINESS: A. Consider Authorizing the City Manager to Sign an Engagement Agreement with Guaranteed Community Advisors (GCA) for Sustainable Biofuel Project Development in Avenal (Resolution 2024-5X) – City Manager (Discussion/Action) City Manager Lopez reported on a recent study session about a proposed project aimed at harnessing waste gases to produce energy. This idea has been in discussion for the past 2-3 months, with the development team sharing their presentation with the city planner and staff. The presentation covered examples from other communities and the level of city engagement required. The proposal includes an engagement agreement, which would establish a partnership with the city while allowing the developers to invest time and resources. This arrangement is framed as "no risk" for the city—if the project proves unviable, there would be no financial loss. However, if the city opts out after the Joint Meeting City Council/Successor Agency/PFA – October 24, 2024 Page 5. developers have invested in research, it could incur costs. Legal counsel is currently reviewing the engagement agreement to ensure the city is protected. There are still many details to work out, including feasibility studies and potential collaboration with the city engineer regarding methane capture from the landfill, which was suggested as a possible alternative. The council will need to decide whether to continue exploring this initiative, and further discussions are needed to clarify the legal and financial implications. After a brief, discussion, Councilman Hernandez would like to table item for more information, seconded by Councilman Verdugo and motion carried. ROLL CALL VOTE: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. B. Consider Amending the City of Avenal Purchasing Policy Regarding Purchasing and Reimbursement for Used Equipment or Online Marketplace Items (Resolution 2024-55) – City Manager (Discussion/Action). City Manager Lopez reported that the City of Avenal's Purchasing Policy, adopted on November 10, 2022, currently does not permit non-traditional procurement methods, which the City has used to acquire essential equipment like projectors and a trencher. These purchases have proven beneficial, allowing the City to obtain high-quality, lightly used equipment at lower costs and avoid delays in critical projects. The proposed amendment aims to formalize these practices, enabling the City Manager and staff to make necessary purchases from online marketplaces or individual sellers. Key advantages include:  Cost Savings: Access to lightly used equipment without significant maintenance.  Timely Acquisition: Avoiding rental fees and delays for equipment needed in City projects.  Procurement Flexibility: Increased options while maintaining accountability. City Manager Lopez concluded that to ensure transparency, all non-traditional purchases must be fully documented, with purchases over $5,000 requiring approval from the Director of Administrative Services or Finance Manager. Reimbursements to the City Manager will need dual sign-off from the City Clerk and Director of Administrative Services. The amendment will not require additional funding but will allow for more efficient use of existing budgeted funds. Staff recommends that the City Council approve the amendment to allow for these purchases. RESOLUTION 2024-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ADOPTING REVISION#2 0F THE AVENAL PURCHASING MANUAL AMENDING THE PURCHASING POLICY TO INCLUDE REIMBURSEMENTS FOR PURCHASES MADE OUTSIDE OF NORMAL PROCUREMENT CHANNELS. Councilman Verdugo made a motion to approve, seconded by Councilman Hernandez and carried. ROLL CALL VOTE: AYES: Verdugo, Hernandez, Preciado. NOES: None. ABSENT: Gravelle, Ramirez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: City Manager Lopez reported the following: 1) Thanked, City Council for a productive meeting where several important items were approved to advance the city; 2) He noted plans for significant projects ahead and emphasized the need to fill staff roles to handle daily operations, allowing him to focus on broader initiatives; 3) Also, positive reception of Measure B among local businesses, which aims to update outdated ordinances and support local shops, especially as larger businesses may enter the market. He mentioned that local businesses are generally in favor of a fee structure that charges larger companies, hoping it will help maintain a vibrant local economy; 3) Also, proposed the idea of starting a Chamber of Commerce, potentially funded initially by the city, to create a sustainable revenue stream for local businesses; 4) reminded everyone about the upcoming trunk-or-treat event at Veteran's Hall and the homecoming at Avenal High School; and 5) Thanked Karala for handling the meeting for us this evening, stepping in for Humberto. Deputy City Clerk handling things already. Councilman Verdugo stated that he hopes to see you all at the Avenal Trunk or Treat. Joint Meeting City Council/Successor Agency/PFA – October 24, 2024 Page 6. Mayor Preciado reported the following: 1) he recent participation in the League of California Cities conference, highlighting the pressing issues around affordable housing. He emphasized the growing unaffordability of homes in the Central Valley, noting that many families now struggle to find houses under $250,000; 2) Mayor Preciado raised concerns about who is ultimately responsible for affordable housing, questioning the efficacy of state funding and the impact of large companies profiting from housing developments; 3) He discussed the need for tailored solutions for different regions, as one-size-fits-all policies from the state often overlook local needs. Also, pointed out the challenges faced by rural communities, particularly regarding access to water and the implications of rising energy costs, despite initiatives for green energy. Emphasizing the importance of community input, he acknowledged the need for mutual respect and transparency in city governance; 4) Mayor Preciado expressed gratitude for community volunteers who assisted with food distribution efforts, showcasing the spirit of collaboration across different organizations and 5) Also, attended KCAG/V mentioned ongoing efforts to better understand and utilize the city's vehicle abatement program, which, despite having funding, faces regulatory hurdles that complicate its implementation. Overall, he underscored the necessity of accountability and continuous dialogue with the community to address these critical issues. ADJOURNMENT: Mayor Preciado report that with no further business the meeting was adjourned at 8:59 p.m. Respectfully submitted, Maria Ortiz, City Clerk