City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING FEBRUARY 13, 2025, 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 Prior to start of the meeting we had a study session regarding the second half of ethics training, more specifically, on the Brown Act lead by City Attorney Moses which began at 4:02pm. CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:23 pm Moment of Silence in remembrance of: Captain Mark Eads, Kings County Fire Department ROLL CALL: Councilman Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro, Tem M. Leticia Gamez; Mayor, Alvaro Preciado. ABSENT: Councilman Hernandez STAFF: López, Ortiz, Curiel, Price, Bermudez, Verdugo, Andrade, Williams, Nevarez, Davis, Velasco. LEGAL COUNSEL: 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. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person. Public Comment closed at 5:30 pm and was reopened at 7:45 pm by Mayor Preciado to allow comment from Zoom. Public comment was closed again at 7:48 pm. Veronica Aguirre, speaking via Zoom, stated that the landfill does not have full control over idling rigs. She also noted an increase in the number of rigs arriving, not from Southern California, but from Chiquita Canyon Landfill. Additionally, she highlighted that odor remains an ongoing issue and anticipates more complaints from residents. She emphasized that this is a growing concern that should be addressed. 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 January 22 & 23, 2025. B. Consider Authorizing the City Manager to Enter into an Agreement with Lexipol for Subscription to Local Government Administration Policy Manual & Daily Training Bulletins.  C. Consider authorizing the City Manager to enter into an MOU with California Department Of Corrections And Rehabilitation (CDCR), Avenal State Prison (ASP), for Administrative Costs to Manage Effluent Water Agreements. D. Consider Approving Amendment #6 to Animal Control Shelter Services Agreement with City of Corcoran. E. Consider Adopting Amended Job Description for Public Works Director. Councilmember Verdugo suggested holding a roundtable discussion with the current Public Works Director to provide input on amending the job description for the next individual filling the position, given the Director’s 34 years of service. City Manager López clarified that the Director has not served under that title for the entire 34 years. Mayor Preciado referenced recent ethics training and emphasized the importance of maintaining order during the meeting. Mayor Preciado motioned to move Item E to New Business for further discussion. RESOLUTION 2025-13: APPROVING AGREEMENT WITH LEXIPOL FOR SUBSCRIPTION TO LOCAL GOVERNMENT ADMINISTRATION POLICY MANUAL & DAILY TRAINING BULLETINS. RESOLUTION 2025-14: AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH CDCR/AVENAL STATE PRISON FOR ADMINISTRATIVE COSTS TO MANAGE EFFLUENT WATER AGREEMENTS. RESOLUTION 2025-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE ADDENDUM NO. 5 TO AGREEMENT NO. 1010 BETWEEN THE CITY OF AVENAL AND THE CITY OF CORCORAN FOR ANIMAL CONTROL SHELTER SERVICES. Council Member/Successor Agency Member Gamez motioned to approve Items A, B, C, and D seconded by Councilman/Successor Agency Member Reynosa, and motion carried. ROLL CALL VOTE: AYES: Gamez, Reynosa, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. 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 presented his report as submitted. Mayor Preciado inquired about the Bill Woolley Neighborhood Pocket Park drinking fountain, noting that it is not functioning. Scott responded that necessary parts are needed for repairs and that alternatives, including a potential change in the fountain's design, are being explored. a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers Mayor Preciado inquired whether the grant application for Community Center Park would need to be updated to reflect changes in funding from the previous submissions. Javier confirmed that an update would be necessary. Mayor Pro Tem Gamez asked if there have been any federal government holds on grants. Javier responded that there was a temporary hold in the past but no longer. Council Member Reynosa inquired whether the city's streets and roads project would be similar to the project in Huron, expressing concern that Huron’s project was not aesthetically pleasing. Javier clarified that the grant funding used by Huron appeared to be designated for a different type of project, such as pedestrian or bicycle infrastructure. Mayor Preciado highlighted the increasing use of electric skateboards and scooters by students near the elementary and middle schools, noting that their use on sidewalks poses a safety hazard to pedestrians. He suggested exploring safer alternatives for students to travel along these routes. Javier stated that potential trail options could be presented at the next town hall meeting for further discussion. Mayor Preciado requested an update on the timeline for the Community Center Park grant. Javier stated that the grant application is due on March 11, 2025, with a decision expected later in the year. 2. IT Department Activity Report: Humberto Bermudez, IT Director. Humberto began by stating that the past month primarily focused on maintenance and proceeded to present his report as submitted. Councilmember Verdugo inquired about enclosing the area around the digital sign at the town entrance. Humberto responded that he is collaborating with the City Manager and the Public Works Department to develop a strategy for enclosing the space while ensuring its durability against environmental factors. 3. Recreation Department Activity Report: Sheila Verdugo, Community Activities Supervisor. Sheila reported low attendance at the recent Dine-In Movie and Lotería event and expressed uncertainty about whether poor advertising contributed to the turnout. She then proceeded to present her report as submitted. Mayor Preciado provided an update on discussions with the Mexican Consulate, noting that he attended a meeting with them last week and that another meeting is scheduled for the 28th to explore the possibility of bringing their services to Avenal. Sheila inquired about addressing the issue of non-Avenal residents attending events for services. Mayor Preciado stated that he plans to discuss the possibility of limiting services to Avenal residents during the upcoming meeting. Mayor Preciado also noted that despite the low turnout, the Lotería event was well organized. Sheila expressed concerns about the effectiveness of the community survey and suggested exploring better ways to share information, including the possibility of a roundtable discussion on improving community engagement. Mayor Pro Tem Gamez suggested that reinstating the community event calendar could be beneficial. Mayor Preciado emphasized that digital signs will help improve outreach and encouraged continued efforts to engage the community. B. Special Presentations/Reports: 1)Waste Connections, Quarterly Report – George Anderson, Site Manager George began by reflecting on the holiday season and expressed gratitude to Councilmember Verdugo and his wife for their efforts in distributing bicycles to those in need during Christmas. He then proceeded to present his report as submitted. Mayor Preciado inquired about the qualifications for an Operations Supervisor. George explained that they are willing to train a candidate with a clean driving record, preferably someone local with some knowledge of waste management. Mayor Preciado also raised a public concern regarding big rigs causing traffic congestion when entering town. In response, George shared an update regarding a Southern California landfill closure on January 1st, which led to Avenal assisting in handling some of the solid waste. He noted that a recent traffic issue was weather-related due to mud and confirmed that Caltrans would be assisting with a cleanup effort along Highway 269 to I-5. He further stated that any rig arriving at the gate before 5:00 AM would be turned away, and this rule has been strictly enforced. Mayor Preciado then inquired about the types of materials being accepted at the landfill. George clarified that no hazardous materials or fire debris are being taken in—only municipal solid waste is accepted. 2)Mid Valley Disposal, Program Overview – Thomas Recycle Program Manager Thomas started off by recognizing PR Donut Shop for their outstanding contributions by presenting them with an award that will be given to them at a later time. Mayor Preciado inquired about contamination issues at apartment complexes. Thomas acknowledged the challenges in addressing contamination but emphasized ongoing efforts to educate residents. Mayor Preciado acknowledged the difficulties and expressed hope that apartment complexes remain compliant, particularly given the significant amount of food waste that could be repurposed as green waste. Mayor Preciado also inquired about penalties following city compliance audits. Thomas responded that Cal Recycle has eased enforcement since few cities have achieved 100% compliance. He assured the council that the city is actively taking the necessary steps to meet the required 75% compliance threshold and should not face any fines.  3) PG&E Utility Updates – Nathan Alonso, Local Government Affairs PUBLIC HEARING(s): A. None OLD BUSINESS: A. SRO Agreement with RSUSD (Discussion/Action). The City Manager stated that no further action has been taken regarding the SRO agreement, as there has been minimal discussion on the matter. He confirmed that Officer Hardy continues to serve as the School Resource Officer. He also mentioned hopes that the school board and council will hold a joint meeting to focus on future collaborations. Additionally, he noted that the Fresno Area Hispanic Foundation will require a gymnasium for their upcoming event and expressed hope that this would provide an opportunity for collaboration with the school. NEW BUSINESS: A. Consider Awarding of 22-CDBG-NH-00050: Community Sports and Recreation Center Project Award Contract to Yanez Construction and Kings County Air Conditioning Inc. (Resolution 2025-17). City Engineer Javier presented the bid report as submitted. The City Manager added that he hopes additional funding from CDBG may become available to provide more financial flexibility. Mayor Preciado inquired about the total cost upon project completion, noting that some elements would still be missing. The City Manager clarified that furnishings would be an additional expense. Mayor Preciado revisited a previous idea of installing an elevator to the second floor as a viewing area for the indoor soccer field. The City Manager explained that the second floor is currently designated for maintenance purposes, though other potential modifications could be discussed based on community needs. A Council Member suggested that the indoor soccer field could be enclosed similarly to the facility in Lemoore using clear plastic panels. Javier mentioned that since the project remains $300,000–$500,000 under budget, modifications could be considered after its completion. He will begin obtaining quotes for indoor soccer field options. Mayor Preciado emphasized the importance of transparency with the community regarding expenditures and requested a report on funds spent to date. The City Manager and Scott Davis stated that approximately $1.2–$1.3 million has been spent on the building shell. Council Member Verdugo expressed concerns regarding the hiring of Yanez Construction, noting that his research did not show the company handling large-scale projects beyond residential developments. Javier responded that Yanez Construction has an active license, and their project history has been vetted. Humberto Bermudez provided photos of previous Yanez Construction projects. Mayor Preciado asked if Javier had worked with the company before, and Javier confirmed that he had on other infrastructure projects. Council Member Verdugo also inquired about the price per unit and the source of the pricing estimates. Javier explained that the company providing the lower quote aligned with the estimates previously determined by former engineer Brian. He also added that contractors can share their costs and he can bring that over as well. Mayor Preciado clarified that there is a process before bid where the costs are estimated by an engineer so they closely match the end quotes. RESOLUTION 2025-16: THE CITY COUNCIL OF THE CITY OF AVENAL AWARDING THE COMMUNITY AND RECREATIONAL SPORTS BUILDING PROJECT TO YANEZ CONSTRUCTION. Council Member/Successor Agency Member Reynosa motioned to approve Resolution 2025-16 seconded by Councilman/Successor Agency Member Gamez, and motion carried. Council Member/Successor Agency Member Reynosa motioned to approve Resolution 2025-16 seconded by Councilman/Successor Agency Member Gamez, and motion carried. ROLL CALL VOTE: AYES: Reynosa, Gamez, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. B. Consider Adopting Amended Job Description for Public Works Director. This item was moved from the Consent Calendar to New Business. The City Manager discussed the modifications made to the job descriptions, which included reducing responsibilities related to code enforcement and increasing collaboration with the City Engineer. Mayor Preciado emphasized that the job description update does not infringe on anyone’s rights but rather clarifies the qualifications necessary for the department. The City Manager reiterated that the changes were a general clean-up of the description. Mayor Preciado also noted that while the current Public Works Director's institutional knowledge should be passed down as he prepares to leave, this policy update is separate from that matter. He stressed that the Council should not micromanage every department and should trust the City Manager to make high-level decisions such as job description updates, which are intended to be informational for the Council. He added that if an issue arose due to an inadequate job description, the responsibility would ultimately fall on the City Manager. Councilmember Verdugo expressed that, for that same reason, the current Public Works Director should have been consulted for his input. Mayor Preciado asked the Public Works Director if it would be necessary for him to meet with the City Manager to discuss potential additions to the job description. Public Works Director responded that the Council should proceed with the description as written. Councilmember Reynosa suggested that Public Works Director’s input could be beneficial. Mayor Pro Tem Gamez stated that there was no need to delay the discussion further, as Rob was present and had already provided his perspective based on his experience. City Attorney Moses clarified that there is no limit to how often a job description can be updated. Mayor Preciado recommended that Public Works Director meet with the City Manager to provide his insights, and if necessary, an amendment could be introduced at the next meeting. Councilmember Verdugo stated that he did not take issue with the updates themselves but rather with the fact that Public Works Director had not been included in the revision process. RESOLUTION 2025-17: APPROVING AMENDED JOB DESCRIPTION FOR EMPLOYMENT POSITION – PUBLIC WORKS DIRECTOR - WITHIN THE AVENAL CITY HALL. Council Member/Successor Agency Member Gamez motioned to approve Resolution 2025-17 seconded by Councilman/Successor Agency Member Reynosa, and motion carried. Council Member/Successor Agency Member Gamez motioned to approve Resolution 2025-17 seconded by Councilman/Successor Agency Member Reynosa, and motion carried. ROLL CALL VOTE: AYES: Gamez, Reynosa, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:  Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.  Upcoming/Future Agenda Items to Consider.  Correspondence/Announcements/Information/Closing Comments. The Deputy City Clerk introduced the "Meet Your City Council" event, aimed at providing community members an opportunity to connect with their local leaders and share their ideas. All council members agreed on the date and time as indicated on the flyer, and the event will proceed as planned. The City Manager reported that the city/county coordinating meeting was successful. He noted that it has been a busy week internally and that dates will be scheduled to provide council updates. Mayor Preciado stated that he has remained active on his boards and continues to attend meetings. There were no closing comments from the City Clerk, City Attorney, Mayor Pro Tem Gamez, Councilmember Verdugo, or Councilmember Reynosa. The City Council went into Closed Session at 8:08 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. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Position of: • City Manager B.Pending Litigation (Government Code § 54956.9). Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). i. Parties, case/claim no: Jesus A. Mendez, v. City of Avenal ii. (Kings County Superior Court, Case No. 24CU0108) C.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. Council came out of Closed Session at 11:59 p.m. with no action taken. Having no other business, Mayor Preciado adjourned the meeting at 11:59 p.m. ADJOURNMENT: 1. In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II]. 2. Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours. I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, January 20, 2025. __ /s/ Karla Curiel Karla Curiel, Deputy City Clerk