CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
SEPTEMBER 27, 2023; 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 5:17 p.m.
ROLL CALL: Councilmen’s: Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado.
ABSENT: Luis Gravelle.
STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Williams, Nevarez, Yang.
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 5:19 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: City Employees Bargaining Units 1-5 B. PENDING LITIGATION (Government Code § 54956.9).
a. Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Significant exposure to litigation (Government Code § 54956.9(d)(2)).
Number of potential cases is: 1.
Facts and circumstances clearly known to potential plaintiff (if any) that might result in litigation (Government Code § 54956.9(e)(2)): none.
b. Conference with legal counsel – PENDING LITIGATION (Government Code § 54956.9).
Deciding whether or not basis exists for closed session for anticipated litigation (Government Code § 54956.9(d)(3)).
Number of potential cases is: 1.
C. Personnel (Government Code §54957(b)).
Consider Public Employee Performance Evaluation for the Position of:
Chief of Police
Mayor Preciado re-opened the City Council meeting at 7:16 p.m. and nothing to report. Mayor Preciado called for a recess of 5-minutes and commenced meeting at 7:21 p.m.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Maria Ortiz, City Clerk announced there were no public comment in person, public comment cards and no comments online.
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 September 14, 2023.
B. Consider Approval for Wastewater Plant Influent Valve Replacement Project.
C. Consider Approval for Aerator Conduit and Wire Replacement Project.
Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried.
Roll Call Vote:
AGENDA ITEM NO. 5. – A.
AYES: Verdugo, Hernandez, Ramirez, Preciado.
NOES: None.
ABSENT: Gravelle.
ABSTAIN: None.
MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:
A. Report and update on City Manager 2023/2024 Goals: (Information).
Antony Lopez, City Manager reported, he would like to take this moment to keep the Council appraised on the progress of all the City Manager’s current goals as follows:
Council Goals for City Manager 2023-2024:
Monthly reports on major projects and progress (and staffing levels, new hires status etc.) • CM and department heads have established an active spreadsheet with each department’s current projects and status, along with current vacancies and hiring stage for each position. • This has been presented once a month since March.
o Needs some tweaking as it has a lot of information, and distinguishing between roles and who should report what project has been a small issue.
-Recruit HR/Risk assistant
• As of May 2023, Nina Garza, was hired as the HR/Risk Assistant. • The Director of Administrative services continues training Nina and delegating more HR tasks. • Current goal is to update and ratify a new Employee Policy & Procedure Manual by early next year. -Resolve the old issues from prior administration:
1. Get audits done.
• 2020 Audit was completed in September 2023
• 2021-2022 audits have started. 2021 audit expected December of 2023. • Price Paige & Company have been crucial in this role.
2. Fill all vacancies.
• Current vacancies are: Permeant Animal Control Officer II (actively being filled by Code Enforcement Officer); Finance Manager (new position, with Price Paige’s help, this position could be reworked to something else); Building Inspector (new position, actively recruiting, last potential hire declined); four officer positions (actively recruiting). • Salary increases could help in attracting potential talent. -Finish/get progress on projects:
1. Have Phase II of the Community Center Project completed; a. 3.2 million in supplemental funding by CDBG OTC grant. b. Bid documents being finalized by September, to take out to bid in October. Expect to present award for Council by November/December, begin work early next year.
2. Implement permitting for cannabis businesses; and
a. City was awarded $115,000 to help establish a cannabis permitting process. That process has begun with the City Attorney, Finance and Community Development Depts. b. ETA end of year or early next year.
3. Select and move forward with a preferred solution for vacant parcels in downtown/commercial district(s).
a. Wording was provided by City Attorney, and planned to be included in the Zoning Ordinance comprehensive update that should be presented to the Planning Commission in November, with adopting shortly after. Below is that language:
POTENTIAL ORDINANCE EXAMPLE:
AMC 6-5.04: Amend to add subsection (d), Minimum Vacant Parcel Maintenance:
-Requirements:
1. landscaping along edges fronting a public ROW (fencing will be further in, while landscape area will be accessible from ROW);
2. fencing (after landscaped area);
3. automated irrigation system, must be functioning.
4. water service must be active, metered and with radio-read enabled.
5. regular maintenance plan approved by CDD, including mandated quarterly reportsto be filed w/ CDD.
6. regular solid and/or green waste service; and
7. City may require ground cover for all other areas, which may be vegetation or crushed stone, for runoff. control.
-Vacant Parcel Defined: Commercially zoned parcelfronting Skyline Boulevard which is either (a) undeveloped; or (b) developed but abandoned, unoccupied, vacant or had no active city licensed business activity occurring upon it for 90 or more consecutive days at any time during the prior twelve (12) months. -Violations will be declared to be a public nuisance.
-Remediesfor violations would notlimitto abatement and would not be mutually exclusive; Administrative fines and penalties also allowed.
AMC Title 9 (Zoning - Currently Being Updated by QK)
-Add Standards for Downtown Commercial Corridor (potentialto create an overlay zone, or simply enact for commercial property fronting Skyline), additional minimum standards:
1. fencing must be black wroughtiron, X feet or greaterin height (no wooden posts; no chain-link fencing);
2. fencing must be locked and prevent at-will public entry.
3. fencing mustinclude emergency responder lockbox access.
4. landscaping fronting a ROW must extend atleastten (10) feetin depth from edge of ROW, and must be drought-tolerant and consistent w/ landscaping plan approved by CDD.
5. Cars offered forsale must be parked on fully paved surface (blacktop or concrete, no gravel or vegetative ground cover); and,
6. Parcels used for storage must have colored brick wall which fully blocks visibility of stored items from all public ROWs, or otherwise must occur indoors.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports
1. Community & Economic Development Department Report: Kao Nou Yang, Director of Community & Economic Development.
Kao Nou Yang, Director of Community & Economic reported the following: 1) Planning Division; 2) Processing Zoning Land Use Applications, Land Division Applications and Current Planning Zoning / Land Use Permits; 3) Long Range Planning; 3) Building Division;4) Economic Development; and 5) Programs – First Time Buyers, Home Rehabilitation, Accessory Dwelling (ADU) Program.
2. Police Department Report: Chief Robert Nevarez
Chief Robert Nevarez 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.
B. Special Presentations/Reports:
1) APD - California Department of Justice: Tobacco Grant Program: Cynthia Morales, APD Community Services Officer (CSO).
Cynthia Morales, APD Community Services Officer (CSO) reported the DOJ funding explained the Office of the Attorney General established the California Department of Justice Tobacco Grant Program in 2017 to provide annual funds to local enforcement agencies throughout California. Avenal Police Department was funded a two-year cycle and received $70,000. Outreach: April 12th Vocational Expo Avenal High School, May 15th, 2023, Retail visit, July 13th Officers interacted with Kidz spot tobacco presentation, July 14th CSO Morales with Officer Miller attended Flea Market handed out stickers and answered questions regarding tobacco; and July 18th attended panel for rise above through Kings Partnership answered questions regarding tobacco. ..
PUBLIC HEARING(s):
Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:
A. None.
OLD BUSINESS:
A. None.
NEW BUSINESS:
A. Consider Approval for Quote from Axon Enterprise, Inc., Body Cam, and Taser equipment subscription:
Chief Nevarez reported that body cameras have become the norm in policing over the past decade. In California, itisrare for modern agencies notto have body cameras as regular equipmentissued to its officers. The reason for body cameras is increased transparency and professionalism required from police officers. The Avenal Police Department was an early adopter of body cameras. Today, however, many of our Axon body cameras have reached their usefullifespan. As a result, we encounter frequent malfunctions and necessary repairs, taking them out of service. Since our current body cameras are approaching a decade of use, warranties have lapsed. In addition, technology over the years has evolved, with current body cameras able to do much more than the cameras we currently possess.
Officer Christopher Pelletier reported that for example, the newest version of the Axon Body Camera, the Axon 7,is connected to the Taser, allowing it to automatically activate whenever the Taser is drawn. The Axon 7 also has mounting capabilities allowing for ease of use, and a broader camera perspective. The Axon 7 package provides unlimited data storage, eliminating future unanticipated costs related to an increase data storage need. The Axon 7 also comes with a warranty, and necessary training for police staff. This video is stored to support prosecution, defend litigation, investigate complaints, or as a support in internal investigations. Cost- The Axon 7 package includes the newest version of the body camera, taser, warranty, training, and unlimited evidence storage at a cost of $33,164.56 annually over five years.
Staff recommend the purchase of current body cameras, tasers and evidence storage through Axon for all sworn staff assigned to patrol via a new five-year contract with warranty. Request Councilto authorize the City Manager or designee to purchase body cameras and Tasers via a five-year contract with Axon using COPSfunding.
Councilman Verdugo motioned to authorize the City Manager or designee topurchase body cameras and Tasers via a five-year contract with Axonusing COPSfunding sole source, second by Councilman Hernandez and motioned carried.
Roll Call Vote:
AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
City Manager Lopez reported the following: 1) September 28th Confia with the Fresno Area Hispanic Foundation event is from 6:00 to 8:00 PM. All invited there will be some special guests from around the area, local mayors, Supervisor should be in attendance, staff from Assemblyman Mathis 's office. Also, lot of prizes a lot of interaction community and this is why regularly scheduled council meeting was moved for today; 2) City Manager Lopez might need to step out of the meeting for an hour between 7:00 to 8:00; and 3) Saturday Free Smog Repair Event and Rotary will be providing hotdogs.
Councilman Verdugo reported the following: 1) He was approached by Bobby, Director of the Commission on Aging asked for Mr.
Verdugo to be part of the Commission on Aging Committee due to lack of representation and he agreed with Council’s approval; 2) attended meetings and 3) Community Garden lights and cannot wait to see it light work.
City Attorney Diaz mentioned this item needs to be on the agenda for action for the next Council meeting.
Mayor Preciado reported the following: 1) attended many meetings; and 2) thanked all for attending.
ADJOURNMENT:
There being no further business the City Council meeting was adjourned at 8:25 p.m.
Respectfully submitted,
Maria Ortiz, City Clerk