City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. A. ACITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY MEETING THURSDAY, DECEMBER 10, 2020; 5:15 P.M. AVENAL THEATER & EVENT CENTER / 233 E. KINGS STREET, AVENAL, CA 93204 (Due to gathering limits and social distancing requirements, the City Council and limited City Staff will attend at this location.) Public Participation: VIA ZOOM VIDEO/WEB CONFERENCING: (PLEASE DOWNLOAD THE ZOOM APPLICATION TO YOUR COMPUTER OR SMART DEVICE) Web Link: bit.ly/AvenalCouncil Meeting ID to Join: 126 696 761 Or call +1 669 900 6833 MINUTES CALL TO ORDER: at 5:49 p.m. ROLL CALL: Councilman Hernandez, Councilman Ramirez, Councilman Preciado Councilman Verdugo, Councilman Gravelle. STAFF: Lopez, Ortiz, Santillan, Stivers, Davis, Bermudez. 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. PUBLIC COMMENT/ANNOUNCEMNETS & UNSCEDULED APPERANCES: There were No Public comments issued. CITY COUNCIL RE-ORGANIZATION: Antony Lopez, City Manager announced that would like to move City Council Re-Organization to Item 5; and, Consent Calendar to Item 6. The City Council was in consensus with items being moved. Hernandez-yes, Ramirez- yes and Carrizales-yes. A. Presentation/Recognition: Lourdes Carrizales, Councilwoman: City Manager. Antony Lopez, City Manager presented Lourdes Carrizales certificate of recognition for being on City Council. B. Consider Resolution Accepting November 3, 2020 Election Results: Maria Ortiz, City Clerk mentioned that this November 3, 2020 Election was certified by Kings County Elections Office. Staff recommends the following:  Adopt a resolution certifying the official canvass of election results for the general municipal election held November 3, 2020.  Swear-in newly elected councilmembers.  Authorize an update to the California Roster. After a brief discussion, the following action was taken. RESOLUTION NO. 2020 – 61: ADOPTION OF RESOLUTION DECLARING COUNTY OF KINGS CERTIFICATE OF FACT OF CANVASS OF THE NOVEMBER 3, 2020, GENERAL ELECTION. A motion was made by Mayor Pro Tem Ramirez seconded by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency December 10, 2020 Page 2 of 9 Roll Call Vote: AYES: Ramirez, Hernandez, Carrizales. NOES: None. ABSENT: None. ABSTAIN: None. C. Administer Oath of Office to Newly Elected and Re-Elected City Council Members: Ms. Ortiz, Administer the Oath of Office to Elected and Re-elected City Council Members: Louis Gravelle, Ricardo Verdugo & Alejandro Ramirez and congratulated them. D. City Clerk Open Nominations for MAYOR: Ms. Ortiz opened nominations for Mayor: Councilman Hernandez nominated Councilman Alvaro Preciado for Mayor. Councilman Verdugo nominated Councilman Lou Gravelle for Mayor. Councilman Preciado closed nominations, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Verdugo, Gravelle, Ramirez. NOES: None. ABSENT: None. ABSTAIN: None. Roll Call Vote for Mayor - Alvaro Preciado: Councilman Hernandez-Yes, Councilman Ramirez-Yes, Councilman Preciado-Yes, Councilman Verdugo-No and Councilman Gravelle-No. Roll Call Vote for Mayor - Lou Gravelle: Councilman Hernandez-No, Councilman Ramirez-No, Councilman Preciado-No, Councilman Verdugo-Yes and Councilman Gravelle-Yes. Ms. Ortiz announced, due to majority vote Councilman Alvaro Preciado will be Mayor and congratulated him. E. MAYOR Open Nomination for MAYOR PRO TEM: Mayor Preciado opened nominations for Mayor Pro Tem: Mayor Preciado nominated Alejandro Ramirez for Mayor Pro Tem and Councilman Verdugo nominated Lou Gravelle for Mayor Pro Tem. Mayor Preciado closed nominations, seconded by Councilman Verdugo and carried. Roll Call Vote for Mayor Pro Tem - Alejandro Ramirez: Councilman Hernandez-Yes, Councilman Ramirez- Yes, Mayor Preciado-Yes, Councilman Verdugo-No and Councilman Gravelle-No. Roll Call Vote for Mayor Pro Tem - Lou Gravelle: Councilman Hernandez-No, Councilman Ramirez-No, Mayor Preciado-No, Councilman Verdugo-Yes and Councilman Gravelle-Yes. Ms. Ortiz announced, Alejandro Ramirez, Mayor Pro Tem due to majority vote and congratulated him. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Approval of City of Avenal/Successor Agency's Minutes for November 12, 2020. B. Consideration to Approve an Agreement between the County of Kings and City of Avenal for FY 2018 State Homeland Security Program. A motion was made to approve Consent Calendar as given by Mayor Pro Tem/Successor Agency Member Ramirez, seconded by Councilman/Successor Agency Member Hernandez and carried. RESOLUTION NO. 2020 – 62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL Joint Meeting City Council/Successor Agency December 10, 2020 Page 3 of 9 AUTHORIZING CITY MANAGER ENTRE INTO AGREEMENT WITH KINGS COUNTY TO PROVIDE CALIFORNIA STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS . A motion was made by Mayor Pro Tem Ramirez seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider Appointments to Special Boards: Kings County Abandoned Vehicle Abatement Service Authority (KCAVASA): Mr. Lopez reported that since the previous Council meeting on November 12, 2020, Staff was informed of an additional board that meets after KCAG, the Kings County Abandoned Vehicle Abatement Service Authority (KCAVASA). Staff suggests that to appoint Mayor Preciado and alternate Mayor Pro Tem Ramirez Also, would like to appoint A motion was made by Councilman Gravelle to appoint Mayor Preciado and alternate Mayor Pro Tem Ramirez to the Special Boards: Kings County Abandoned Vehicle Abatement Service Authority (KCAVASA), seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Fiscal Report: 2019/2020 Audit Update from Finance Department. Mr. Lopez reported that as the City Council, is aware the Finance Department is hard at work to complete the FY 2019/2020 Audit. Staff is working to find all pertinent documents and reconcile necessary accounts this work has unfortunately impacted Staff ability to inform Council on the City’s financial standing. At this time, the Finance Department would like to verbally inform the Council on the status of the FY 2019/2020 Audit and answer any questions the Council may have. Staff appreciates the City Councils support during this audit. Esther Strong, Consultant stated that there working hard to complete the FY 2019/2020 Audit and will be ready at the January 14, 2020; City Council meeting. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Community Development/Planning Activity Report: Fernando Santillan, Community/ Economic Development Director. Fernando Santillan, Community/Economic Development Director reported the following: 1) received supplemental funding from the HCD for the Community Center in the amount of $600,000 for electrical and interior work on the project;2) Community Development, Finance, Building Department, and Code Enforcement are continuing to work on the implementation of the online permitting system with OpenGov; 3) continues with Avenal Developers, LLC on their 120-lot; 4) Staff is currently working on a new grocery store at the site of the old Beverage Hut; 5) the Avenal Community Health Center (ARIA) clinic expansion phase II continues; 6) Staff has received and signed a LEAP Grant funding agreement in the amount of $65,000; 7) Staff continues to work with various potential housing development partners to increase the housing availability in Avenal, including multifamily and affordable housing options; and 8) The State for the 18” Water Transmission Line Construction continues; 9) Staff will be applying for Joint Meeting City Council/Successor Agency December 10, 2020 Page 4 of 9 a $600k grant from HCD to help fund additional affordable housing opportunities and projects in Avenal, under the Permanent Local Housing Allocation (PLHA) program; 10) Our Right-of-Way Agent, Spectrum Land Services is continuing to work with land owners to finalize easement agreements for the Water Transmission Line project; 11) Staff has started implementation of the Prop. 68 State Parks Program grant for a new pocket park; 12) Continuing to work with various national retailers interested in establishing a presence in Avenal. However, we are still in the preliminary stages and have not received formal applications for development permits; and, 13) Staff is continuing to work with KART on additional transit options in Avenal, including improvements to some bus stops (i.e. shelters). B. Special Presentations/Reports: 1. None. PUBLIC HEARING(s): A. Consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2019/20  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution Mr. Lopez reported that as part of the annual reporting requirement, the City is required to make available certain information pertaining to the fees, plans for the use of fees, transfers or loans, etc. to the public prior to review by the City Council. Such information has been provided and was noticed and made available to the public within the timeline required. Said information is located at City Hall and available Monday- Friday during regular business hours. Staff noticed public hearing, the City Council shall review the report and the Development Impact Fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities (including vehicles and equipment) are still needed. Changes can also be considered during this time. Staff is recommending to open public hearing and continue public hearing to the next meeting January 14, 2020. Mayor Preciado opened Public Hearing at 6:50 pm. A motion was made by Councilman Verdugo to continue Public Hearing for Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2019/20, seconded by Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Hernandez, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Mr. Lopez reported that the Local Emergency continues to exist or threatened existence of a local emergency: COVID-19 pandemic. The declaration must be reviewed to consider the following action: 1) Reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending that the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by thirty (30) days, unless a Councilmember or member of the public request that the Council convene to Joint Meeting City Council/Successor Agency December 10, 2020 Page 5 of 9 consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. A motion was made by Mayor Pro Tem Ramirez to approve as recommended, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Extending Local Emergency Declared on November 5, 2020 Mr. Lopez reported that on November 5, 2020 the City Council adopted Resolution 2020-55 declaring Local Emergency due existence or threatened existence of a local emergency: Sever Water Shortage. The declaration must be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Due to the fact the City has not received news of additional water allotment, Staff is recommending that the City Council consider the following action by motion: Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by thirty (30) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. A motion was made by Councilman Verdugo to approve as recommended, seconded by Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Acceptance of Permanent and Temporary Construction Easements for 18” Water Transmission Line Project: Mr. Santillan reported that Staff received Temporary Construction Easements (TCE) from private property owners Joint Meeting City Council/Successor Agency December 10, 2020 Page 6 of 9 along the alignment to accommodate staging areas and workspaces during the installation of the new pipeline. Since the previous council meeting, staff has worked with the City’s ROW acquisition agent/consultant Joe Peterson of Spectrum Land Services to secure notarization of the TCEs. Per a conversation between Joe Peterson, the Community Development Director, and the City Attorney, notarizing several of the TCEs may not be possible. APN 038-050-008: Is owned by several entities. Union Oil of CA and Conoco have not signed a TCE. The total TCE area is less than an acre in total. Conoco’s records do not reflect ownership and therefore they refuse to sign a TCE. Union Oil advised Mr. Peterson that they have struggled to find anyone within the organization to sign because they are “no longer a viable company”. However, the other partial owner is CA Resources Production Corp., which has signed a TCE will likely notarize and record it. APNs 038-010-005 and 030: The Marchinis are a larger group of mostly elderly persons, and Mr. Peterson struggled to get them to sign, but they did sign and notarize permanent easement but only signed TCE without notarization. Mr. Peterson believes it might be very difficult to get the Marchinis together to have the TCE notarization completed, and the risk of not recording their TCE is likely low since they recently authorized the related permanent easement and it would take them a while to transfer the property, and in the meantime the project would likely be completed. The City Attorney recommends recording TCEs for projects which are estimated to last a year or longer because in a year’s time, property could change hands and come under new ownership, which could create problems and result in construction delays if TCEs were not disclosed to the new owner. However, staff believes that the particular circumstances involved here, where most of the property owners have already or recently granted permanent easements, might reduce the risk to a level acceptable to the City. After a brief, discussion the following action was taken. A motion was made by Councilman Gravelle to approve request consent from the Council to proceed with the 18” Water Transmission Line Replacement Project without recording some of the Temporary Construction Agreements with private property owners along the alignment, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. D. CARES Act Disbursement: Consider Allocating of CARES Act Funding: Mr. Lopez reported that on July 27, 2020, the City of Avenal received its first payment of $27,141 equal to one-sixth of the total amount of $162,846 that has been allocated. The second allocation was received August 27, 2020 of the same amount. There will be one more one-sixth allocation in September with the remaining allocation to be received by early October. By October 16th, the City had received its entire allocation. The entire allocation must be spent prior to December 30, 2020 or be returned to the State. The funds must be used to mitigate the impact of COVID-19. These funds will be audited possibly at both the State and Federal levels. The first report to the State with the budgeted spending is due on September 4, 2020. Subsequent reporting will be due with the final report due January 7, 2021. He continues since the November 12, 2020 City Council Meeting, $99,107.00 of CARES Act funding has been spent, with $63,739.00 remaining. Below, staff has a breakdown proposal for use of the remaining funds, which includes the first payment towards the upgrade of the City’s financial software, funding for a Christmas food distribution, additional business loans to stores that have been forced to close due to the December 3, 2020 Regional Stay Home Order, and utility assistance to the neediest families in Avenal. Due to a spending deadline of December 30th, 2020, Staff would Council’s consent to allocate any remaining funds by December 28th, 2020 be apportioned to the purchase of Personal Protective Equipment (PPE) such as face masks, any remaining steaming technology needs such as microphones and cables, and lastly towards the financial system upgrade. A motion was made by Mayor Pro Tem Ramirez to approve the purchase of Personal Protective Equipment (PPE) such as face masks, any remaining steaming technology needs such as microphones, cables, financial system upgrade and lastly authorize City Manager to use any reminding funds where needed, seconded by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency December 10, 2020 Page 7 of 9 Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. E. Consider Quotes for Financial Accounting System Upgrade: Mr. Lopez stated that currently the City utilizes OpenGov for budgeting and is in the process of going live with the Permitting, Licensing, and Code Enforcement (PLC) module which will bring huge benefits to our Community Development, Building, and Code Enforcement Departments. Having Budgeting, Permitting, Licensing, and Code Enforcement on OpenGov has allowed the City to take advantage of cloud-based services by reducing cumbersome administrative processes and increase transparency through a public portal. These services became critical this year during the COVID-19 pandemic, where having Staff, residents, and developers to conduct business from home computers and mobile devices is now a requirement. OpenGov has a robust financial component that offers the flexible remote work options our staff and community are asking for. OpenGov financial software will fully integrate with the City’s current Budgeting, and Permitting, Licensing, and Code Enforcement data, which creates an Enterprise Resource Planning (ERP) solution. By upgrading our OpenGov platform, the City will move to one singular platform for critical government functions and services: Financial Management (including Cash Receipts, Requisitions, Purchasing, Fixed Assets, and Payroll) Permitting, Licensing, Code Enforcement, and associated Reporting. Each of these applications interact with the others, eliminating the need to manually reenter or manually transfer data. An implementation of OpenGov financial systems will provide a functional ERP solution, increasing the efficiency of City operations. Also, OpenGov will take time to train step by step City Staff on new software. OpenGov gave their presentation to the City Council. After a brief, discussion the following action was taken. RESOLUTION NO. 2020 – 63: ENTERING INTO AN AGREEMENT WITH OPENGOV, LLC. FOR A NEW ENTERPRISE RESOURCE PLANNING ("ERP") FINANCIAL SYSTEM. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Authorizing Submittal of State Parks Per Capita Program Application for Avenal Community Center and Community Garden Projects: Staff has discussed the use of the funds extensively in the past, and with the City Council’s input and direction, had determined that the most effective use of the funds (given the relatively small amounts) would be to apply the funds towards the under-construction Avenal Community Center ($100,000) as well as a proposed Community Garden ($77,952). If a surplus of funds results from the Community Garden project, staff would seek permission from the State to re-purpose the funds towards a different parks project. Staff recommends that the City Council adopt the attached resolution which approves submittal of an application for two projects under the Per Capita Parks Program: $100,000 for the Avenal Community Center, and $77,952 for a proposed Community Garden. Mayor Preciado designated the lot by the skate park new Community Garden. After a brief, discussion the following action was taken. Joint Meeting City Council/Successor Agency December 10, 2020 Page 8 of 9 RESOLUTION NO. 2020 – 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Miss Ortiz, announced that some Councilman need to fill out there 700 Forms. Antony Lopez announced the following: 1) collaborating with Pat Sanchez, Superintendent RSUSD regarding goal setting and strategic planning and having joint meetings. Miss Ortiz, commented the following: 1) congratulated the new City Council members seated and good luck. Moses Diaz, City Attorney commented the following: 1) congratulated new elected Councilmembers, Election and wishing everyone happy holidays and keep safe. Antony Lopez, City Manager commented the following: 1) Lou Gravelle, Alejandro Ramirez and Ricardo Verdugo happy to see all their love and dedication to this community; 2) It time to schedule time for some Goal setting, Leadership training, strategic training and the School District and Legal Counsel are willing to help. Councilman Verdugo, commented the following: 1) He thanked the community for electing him and will do for the community and city. His a longtime resident of Avenal and served on the School Board for 12-years willing to bring that experience the Council. Thanked everyone for their support. Councilman Hernandez, commented the following: 1) congratulated new Councilman; thanked, all that participated in the food distribution and encourage the community to follow the COVID-19 guidelines. Have a Merry Christmas. Councilman Gravelle, commented the following: 1) he mentioned that the 8-years as a Councilman was an eye opener as how the City works and thanked everyone’s support. Mayor Pro Tem Ramirez, commented the following: 1) he welcomed Councilman Verdugo and Councilman Gravelle; 2) Scheduling time for some Goal setting, Leadership training, strategic training much needed for all departments; 3) COVID-19 all need to abide be the regulations wearing our mask and social distancing and keeping safe. Mayor Preciado, commented the following: 1) congratulated Councilman Gravelle, Councilman Verdugo and Mayor Pro Tem Ramirez on election; 2) meeting with CAL/ OSHA regarding COVID-19 exposure with fines $1,500 per day due to employee not wearing there mask and can shut facility. This can be hardship for the City and/or Police Department and if anyone is sick please stay home follow guideline social distancing, wearing mask, and washing your hands; and, 3) thanked everyone that participated food distribution and all volunteers. There will be a Special City Council Meeting on December 16, 2020 at 6:00 p.m. via zoom. Merry Christmas & New Years. The City Council went into Closed Session at 8:13 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: Joint Meeting City Council/Successor Agency December 10, 2020 Page 9 of 9 A. Pending Litigation (Government Code § 54956.9). Conference with legal counsel - EXISTING LITIGATION (Government Code § 54956.9(d)(1)). Parties, case/claim no: Alba Luz Caldearon De Cerda et al. v. Corteva Inc. et al. (Kings County Superior Court, Case No. 20C-0250). B. Pending Litigation (Government Code § 54956.9). Conference with legal counsel - EXISTING LITIGATION (Government Code §54956.9(d)(l)). Parties, case/claim no: Carmela Zamora Avita et al. v. Co1ieva Inc. et al. (Kings County Superior Court, Case No. 20C-0311) C. Pending Litigation (Government Code § 54956.9). 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: 2 D. Initiate Litigation (Government Code § 54956.9(d)(4)). Conference with legal counsel - ANTICIPATED LITIGATION (Government Code § 54956.9(d)(4)). Initiation of Litigation (Paragraph (4) of subdivision (d) of Gov. Code§ 54956.9)). Number of potential cases is: 1 E. Conference with Real Property Negotiator(s) (Government Code § 54956.8).Property Description: APN 040-165-007 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: Negotiator(s): City Manager/City Attorney/Consultant Melissa Whitten/CrisCom. Party with whom negotiating: County of Kings/State of California F. Conference with Real Property Negotiator(s) (Government Code § 54956.8).Property Description: APN 038-260-062 & 038-260-48 Negotiator(s): City Manager/City Attorney/Consultant Melissa Whitten/CrisCom. Party with whom negotiating: County of Kings/State of California Instructions to negotiator concerning: Terms ADJOURNMENT: Mayor Preciado reopen meeting at 11:46 p.m. no action to report out of Closed Session. There being no further business the City Council meeting was adjourned at 11:46 p.m. Respectfully submitted, Maria Ortiz, City Clerk