City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. - A CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY MEETING THURSDAY, JANUARY 14, 2020; 5:15 P.M. AVENAL THEATER & EVENT CENTER / 233 E. KINGS STREET, AVENAL, CA 93204 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: at 5:35 p.m. ROLL CALL: Councilman Hernandez, Councilman Verdugo, Councilman Gravelle, Mayor Pro Tem Ramirez, Mayor Preciado. STAFF: Lopez, Price, Bermudez, Williams, Stivers, Davis. LEGAL COUNCEL: Moses Diaz Moses Diaz, City Attorney reported that due to City Clerk is not present the City Council need to appoint one. Mayor Preciado appionted Antony Lopez and the City Council was in consensus. 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/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Chief Stivers reported the following 1) Press Release regarding COVID-19 vaccine for 65-years or older. The County has an agreement with Aria. Appointments are requires: 148 E. Kings St. call (559) 386-9000. Urge the public to schedule appointments. Veronica Aguirre reported the following: 1) the sidewalk in front of her parents’ house has issues when it rains and a big dip and would like City Staff reach out to her parents; and, 2) Commends the City Council for writing this letter to vaccinate Farm Labor workers since their essential workers and hopes Kettleman City is included. The City Council went into Closed Session at 5:43 p.m. CLOSED SESSION: 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. PERSONNEL (Government Code 54957) CalPERS Industrial Application E. 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)). EAMS Case#s: ADJ12362245; ADJ12443888; ADJ12443885 AIMS Claim #:FR180100 Mayor Preciado re-opened at 6:48 p.m. meeting at with the following action: Joint Meeting City Council/Successor Agency January 14, 2021 Page 2 of 7 A motion was made by Councilman Gravelle to approved CalPERS Industrial Application Resolution 2021-05, seconded by Councilman Verdugo and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. 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 December 10, 2020 & December 16, 2020. B. Consider City Warrants & Financial Statement for November 2020 & December 2020. 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. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Mr. Lopez would like to move Item 7. Before Item 6. The City Council is in consensus. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Public Works/Building/Code Enforcement/ Animal Control Activity Report: Scott Davis, Public Works Supervisor. Scott Davis, Public Works Supervisor, reported the following: 1) Building Department; 2) Code Enforcement; 3) Park & Landscaping; 4) Animal Control; 5) Streets; 6) Water Distribution; 7) Waste Water Collection; and, Vehicle, Equipment, & Building Maintenance. B. Special Presentations/Reports: 1) Avenal Landfill Quarterly Report: George Anderson, Site Manager George Anderson, Site Manager reported the following: 1) Q1-60,610.77 tons; 2) Q2-60,610.77; 3) Q3-63,810.11; 4) Q4- 66,707.74: Total 262,835.29 tons diverted 108,234.63 tons and buried 154,600; 5) Host fees: 1000-tons@.25each, 6000-tons @ $1.50 and remaining tonnage are taxes at $2.25 adding these total host fees; and, 6) his door is always open for Landfill tours. Also, IT-department will be making a comment section in their language and he can receive it in his language and residents have options in selecting their language. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Discussion Regarding Traffic Speeding along Residential Streets: Mr. Lopez This item is brought by a request from Councilman Gravelle. Councilman Gravelle has noted that on 3rd Avenue and E San Mateo, motorist engage in racing and at one-point lost control and impacted a fence on 412 N 3rd Avenue. There are safety concerns for the wellbeing of pedestrians and children who are typically found walking or playing outside along the sidewalks. This is a discussion item will need direction from City Council for direction regarding these issues. Mayor Preciado when he was coming home on Kern St. and Hanford there were children on small bikes on the street. Rob Williams, Public Works Director stated that where the Day Care is located his trying to research what is required for the Day Care regarding traffic control and called Brian Skaggs as how we can elevate the hazard they have. Also, there is a posted speed limit of 25-miles and residents are driving that speed and it’s a narrow street due to it not being a main street. Joint Meeting City Council/Successor Agency January 14, 2021 Page 3 of 7 Chief Stivers mentioned that residents need to be aware that when a stop sign is placed vehicles will backed up and might affect how they get in and out of their driveway. He would approve north bound 3rd south bound 3rd and San Mateo. Councilman Verdugo reported that there is a stop sign near his residence and even if there a stop signs some people still run them and we need to be proactive by citing. After a brief, discussion the following action was taken to approve north bound 3rd, south bound 3rd and at San Mateo. B. Consider Drafting Letter to Kings County Board of Supervisors Regarding Prioritizing COVID-19 Vaccination for Mr. Lopez stated that this item is brought by a request from Mayor Pro Tem Ramirez in response to the State and County’s efforts to distribute COVID-19 vaccines. As a community and county comprised of a large farm laborer population, farmworkers should be considered essential and a top priority for receiving the COVID-19 vaccine. Currently, the Kings County Department of Public Health is following CDC Phase categories and CDPH tier categories to reach the prioritized populations as the vaccine becomes available. As Phase 1A is being completed, the State’s proposed list for Phase 1B Tier 1 includes employees in the food and agriculture sectors. Although the move to prioritize vaccination of farmworkers seems like a prudent one, the actual task of vaccination may be hindered by distrust and cultural barriers among farmworkers. A letter urging the Kings County Board of Supervisors prioritizing vaccines for the farmworker/farm laborer communities in Kings County through a specialized campaign and targeted effort, is necessary. Chief Stivers mentioned that this has changed since yesterday the vaccine will be for 65-years or older. He called Ed Hill, Public Health Director and Mr. Hill mentioned that their working with the Farm Bureau making preparation for the vaccine for farmworker/farm laborer. Staff posted this Press Release. Councilman Gravelle stated that it not bad to still write the letter to show support. Chief Stivers mentioned that the letter to state support for the farmworker/farm laborer. Mr. Lopez mentioned that Supervisor Valle and Ed Hill regarding roll out vaccine it’s a 20-minute video that will be sent to the City Council. Staff is requesting direction on finalizing the letter, and accordingly authorizing the Mayor to sign the letter, and sending said letter to the Kings County Board of Supervisors. After a brief, discussion the following action was taken. A motion was made by Councilman Gravelle to revise and finalize the letter, and authorizing the Mayor to sign the letter, and sending said letter to the Kings County Board of Supervisors, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Establishing Special Committee to Assist in Design and Oversight of the Avenal Community Garden Project being funded by the Per Capita Program Mr. Lopez stated that this item is brought by a request from Councilman Hernandez as preparations begin for the creation of a Community Garden on Tulare Street next to the Avenal Skate Park, as funded by the Per Capita Grant Program. In the spirit of the successful community meetings facilitated by City Staff for the Prop 68 park ideas in 2019, gathering community input and ideas for the Community Garden will help in generating excitement, buy-in, and appreciation of the project once it is complete. Council can elect to form a special advisory committee to help oversee and advice on the plans for the Community Garden Project. Council may appointee a mixture of council-members, staff, and community members, or direct staff to form the special committee. The special advisory committee would not have formal authority to govern or make decisions. Rather, the advisory committee will serve to make recommendations and/or provide key information and materials to Staff and Council for any decisions regarding the Community Garden. The committee would also play an important public relations role as well as providing staff with fresh perspectives from fellow community members ensuring that the project is carried out in a manner consistent with the community’s needs. Joint Meeting City Council/Successor Agency January 14, 2021 Page 4 of 7 After a brief discussion, The City Council selected 2-Councimembers and 3-community members. Moses Diaz mentioned that there the Brown Act if you form it as an Ad Hoc Committee it’s a limited duration committee and there is no need for the Brown Act requirements. If it’s a standing committee then you have Brown Act requirements. D. Consider Governance Workshop Proposal from Juan Garza (Leadership Associates) and Discuss Possible Dates for Leadership Training: Mr. Lopez reported that this is an item brought back from the December 10th meeting which Staff did not have time for Public Hearing. e onset of the City Council selecting a new City Attorney and City Manager, and the seating of a new Council in December, the topic regarding leadership training for the new City Councilmembers and City Manager has been discussed. Such a training for serve the purpose of educating all involved regarding roles and responsibilities for serving Avenal in a more effective and efficient manner. Juan’s draft proposal includes team building exercises, open discussions, and establishing mutually agreed upon priorities for the City. The workshop would also include creation of a “Process and Procedures for City Manager Evaluation” which will prove useful in the future. Having a third-party facilitator will help the Council and City Manager best express and share their ideas. Having an outsider will also help process the feasibility and process for actually executing the new goals and priorities. Juan comes highly recommended by the RSUSD Superintendent, Patrick Sanchez, where Juan also provided the RSUSD Board with governance training last year. The proposal includes an agenda for one (1) workshop, with the possibility of additional workshops if needed at a similar or lower price. The proposed fee of $2,000.00 falls below the threshold requiring Council approval. The cost of the workshop would be drawn from the City Council’s Account 10- 01000-661 (Conferences & Training). After a brief discussion, the City Council was in consensus to discuss a date for training on a Saturday. 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 this is an item brought back from the December 10th meeting which Staff did not have time for Public Hearing and everything is the same as to Staff report, Public Hearing. Staff recommends, by Resolution, that the City Council consider making the following findings: 1) Development Impact Fees continue to be reasonably related to the Impact of development; and, 2) Described public facilities are still needed. Mayor opened Public Hearing for Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2019/20 at 8:22 p.m. no comments were offered. Mayor Closed Public Hearing at 8:23 p.m. After a brief, discussion the following action was taken. RESOLUTION 2021-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING, ACCEPTINGAND APPROVING THE ANNUAL REVIEW AS REQUIRED PERTAINING TO DEVELOPMENT IMPACT FEES, CAPITAL IMPROVEMENTS PLAN AND FEE BALANCES, AND FUTHER, MAKING THE FINDINGS TO THE IMPACT OF DEVELOPMENT AND THE PRESCRIBED PUBLIC FACILITIES ARE STILL NEEDED. A motion was made by Councilman Gravelle, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Joint Meeting City Council/Successor Agency January 14, 2021 Page 5 of 7 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 consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. A motion was made by Councilmember Hernandez to approve as recommended seconded by Councilman Verdugo and carried. Roll Call Vote: AYES: Hernandez, Verdugo, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. A. CARES Act Disbursement: Report on Final Expenditures: (Information). Mr. Lopez reported the following a nearly yearlong process to expend the City’s allotment of CARES Act funding, $164,549.00, Staff submitted the final spending report to the California Department of Finance on January 6, 2020. The strains placed on City Hall and its staff to accommodate its customers with little to no interaction by closing down our offices to the public made it necessary to seek and adopt an upgraded ERP (Enterprise Resource Planning) software suite this software is providing new and improved on-line options for city residents to apply for licenses, permits, and pay their utility bills on-line, allowing City staff to remain safe and continue operating either from home or with much less interaction with the public at City Hall. Over the winter holiday, with more and more families struggling to make ends meet with rising unemployment in the community and access to affordable groceries becoming difficult with the continuous shutdowns, the City partnered with the local school district to provide two food programs – one before Thanksgiving and another before Christmas, open to the entire public providing groceries and food items to over 300 families at each event. Lastly, administrative costs and payroll expenses were also covered for the employees on the front lines of public safety and enforcement of COVID-19 mitigation and the small-business loan programs. A breakdown of all these expenditures is provided below:  Administrative Expenses: $3,000  Budgeted Personnel and Services Diverted to a Substantially Different Use: $5,297  Food Programs: $6,340  Improve Telework Capabilities of Public Employees: $59,518  Personal Protective Equipment: $11,822  Public Health Expenses: $13,869  Small Business Loans: $63,000 Max Spend: $162,846 Subtotal: $162,846 Total Obligations/Expenses: $162,846. NEW BUSINESS: A. Consider Approving the Recognized Obligation Payment Schedule 21-22 for July 2021 through June 2022: Griselda Price, Interim Finance Department stated that the ROPS consists of the obligations of the Successor Agency as of July 1, 2016 through June 30, 2017, and a projected debt obligation schedule. The ROPS is identical to previous ROPS however it is for the entire fiscal year and the debt obligation has been updated for the fiscal 21/22 year. Staff has included: the Annual Continuing Disclosure Reports; Bond Administration Fees; Administration costs, and, debt obligation. The ROPS is subject to approval by the Oversight Board. Once approved by the Oversight Board, copies of said resolution and ROPS will be sent to the County Auditor- Controller and the State Department of Finance for approval. The ROPS is due no later than February 1, 2021.Staff recommends by Resolution, adopt the Recognized Obligation Payment Schedule for July 1, 2021 - June 30, 2022. RESOLUTION 2021-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL (SUCCESSOR Joint Meeting City Council/Successor Agency January 14, 2021 Page 6 of 7 AGENCY) APPROVING A RECOGNIZED PAYMENT SCHEDULE (ROPS) PURSUANT TO AB X1 26, FOR JULY 2021 THROUGH JUNE 2022. A motion was made by Councilman Verdugo seconded by Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Retroactive Approval Authorizing the City Manager to Sign California Form 602 (Lobbying Firm Activity Authorization) with the CrisCom Company. Mr. Lopez reported that the CrisCom Company provides clients with “highly-effective governmental and public affairs consulting services.” The City has been utilizing the CrisCom Company’s expertise for over five years on a variety of projects and issues, most notably in helping secure funding for the opening of the Emergency Operations Center (EOC) at the Ken Brown Public Safety Center in 2017. The team at CrisCom continues to assist the City with potential projects and as such, has requested acknowledgement of CrisCrom’s nature of work for the City as lobbying, by filling out and signing a California Form 602 (Lobbying Firm Activity Authorization) authorizing the CrisCom Company to engage in the activities of a lobbying firm on behalf of the City of Avenal. Jason Siegen, Chief Operating Officer for The CrisCom Company, on December 10, 2020, requested that the California Form 602 be filled and sign by the City Manager no later than December 18, 2020 for filing purposes. Attached, the Council will find that the form has already been signed by the City Manager. Staff is requesting ratification (retroactive approval) of the document for continued consulting and lobbying services by the CrisCom Company for the City of Avenal. Adopt the attached Resolution authorizing the City Manager to sign California Form 602 authorizing The CrisCom Company to engage in the activities of a lobbying firm (as defined in California Government Code Section 82038.5 and 2 Cal. Code of Regs. Section 18238.5) on behalf of the City of Avenal. Moses Diaz, City Attorney states that this could be challenged and taking action today ratifies action. After a brief, discussion the following action was taken. RESOLUTION 2021-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN CALIFORNIA FORM 602 (LOBBYING FIRM ACTIVITY AUTHORIZATION) AUTHORIZING THE CRISCOM COMPANY TO ENGAGE IN THE ACTIVITIES OF A LOBBYING FIRM (AS DEFINED IN CALIFORNIA GOVERNMENT CODE SECTION 82038.5 AND 2 CAL. CODE OF REGS. SECTION 18238.5) ON BEHALF OF THE CITY OF AVENAL. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Ramirez, Gravelle, Verdugo, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager announced the following: 1) his happy to announce the Utilities Assistance Program administered by Self-Help Enterprises through the CDBG COVID funding that the Council approved application for assistance is up and running. The information is posted at City Hall, online, and social media. The residents can apply for up to $1,000 for utility billing, gas electric and information is in English & Spanish. They need to fill out application and the Utilities Department has been sharing the flyer; 2) Staff has free masks and hand sanitizer. On New Year’s Staff created a short video announcing the free masks and hand sanitizer. It included Mayor Preciado and Sargent Storm. Councilman Gravelle reported the following: 1) residents concern they took out the tree on San Joaquin & Hwy 33; 2) Skate Park opening because other cities have Skate Parks are opened; and, 3) Also, wishing his nephew a Happy Birth Day. Mr. Lopez reported that this property does not belong to the City it belongs to Monte Carmelo Church. They asked for permission to remove it and he asked Public Works there were no issues with Caltrans since there not on the right of way. Also, there were many issues with that tree. 2) Staff can revisit re-opening parks. Antony Lopez, City Manager reported the following: 1) the activity from this past week: Tuesday- Food distribution volunteers, City Staff , Rotary and Councilman Hernandez gave out 200-residents; and 2) Rotary has been working on tables for schools. People have been working through this pandemic trying to do positive thing for our community. Thanked Humberto for cutting wood. The WIIN Act Agreement was mailed out yesterday. Councilman Verdugo reported the following: 1) Commended Rotary for making those 20- unique desk and they will be well appreciated. Joint Meeting City Council/Successor Agency January 14, 2021 Page 7 of 7 Moses Diaz, City Attorney reported the following: 1) New legislation an update to the Brown Act for those of you who use social media AB992 creates a new exception on a band to serial communication that where three Councilmember don’t directly talk to each other one might talk and then talk to another Councilmember that is illegal it’s called a serial communication. The exception to the rule in social media are two things answering questions and providing information or soliciting public input and there should not be three Councilmembers doing this. It is band that Councilmembers cannot comments on direct posts regarding City business. Mayor Preciado commented on the following: 1) he wanted to give his gratitude to City Staff and volunteers that helped with the food distribution; 2) Also, to the community be safe and keep social distancing and be courteous to neighbor; and, 3) Water Board monitoring aquafer new compliance orders. Thanked everyone who attended. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:57 p.m. Respectfully submitted, Maria Ortiz, City Clerk