City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING THURSDAY, FEBRUARY 11, 2021; 6:15 P.M. 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 6:18 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado ROLL CALL: Councilman Hernandez, Councilman Verdugo, Councilman Gravelle, Mayor Preciado, Mayor Pro Tem Ramirez. STAFF: Lopez, Ortiz, Bermudez, Santillan, Davis, Price, Stivers. 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/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Veronica Aguirre reported the following: 1) expressed gratitude and commended City Staff for make these meetings accessible to the public via Zoom, social medial, phone and txt; 2) she has voiced this concern before regarding overcrowding of vehicle on the street due to some families have 6-vehicles per household; 3) Also, The Avenal Landfill issues and when are they going to be discussed and mitigated. Clayton Smith, Field Representative to Congressman David Valadao, reported the following: 1) he introduced himself to the City Council and is here to help with any issues that the City and residents may need. Griselda Price, Interim Finance Director, reported the following: 1) her apologies that financials were not ready due to training and will be ready next time. new hire Bryan Arellano, Finance Assistant. Mr. Arellano has hit the floor running is learning fast and an asset to the City family; 2) Mr. Arellano stated his Avenal High School graduate and Thanked them for this opportunity. The Council welcomes Brian Arellano, Finance Assistant Martin his in line with Mrs. Aguirre’s comments regarding cars parking to close to Stop signs and it is hard to tell if the vehicle is coming on to the street. James Martin, Mayor Pro Team - City of Coalinga reported the following: 1) his not here as Mayor Pro Tem just as an individual would like to reach out to the City Council any questions problems that we can work together. Mr. Martin is involved for the past 8-years and would like to keep involved and Mayor Preciado has Mr. Martin contact information because his waiting on business cards. Lupe Chavez, Code Enforcement Officer reported the following: 1) one of the concerns his received is regarding opening of contact sports and just giving everyone a quick update were currently on the purple tier that means were are still not having contact even for the Avenal High School there allowing cross country, tennis, track and field for now. Once this moves to the red tier - allowing baseball, softball, brown tier- football, volleyball and yellow tier-allowing basketball and wrestling. There keeping a close on the tiers and any new developments notifies City Manager and City Manager will inform the City Council when contact sport will be opened. Antony Lopez, City Manager reported the following: 1) he spoke with Supervisor Valle to get an update on vaccines Joint Meeting City Council/Successor Agency February 11, 2021 Page 2 of 5 being administer. Also, the County is having technical difficulties with their sites. 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 January 28, 2021 & February 6, 2021. B. Consider Warrants & Financial Statements for January. A motion was made to approve Consent Calendar and table Financial Statement for January by Councilman/Successor Agency Member Gravelle, seconded by Councilman/Successor Agency Member Hernandez and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Discussion Regarding Street Sweeper Operation – Update: Mr. Lopez stated the following the January 28, 2021 City Council meeting, Staff reached out to Mid-Valley Disposal (MVD) to begin talks of updating the agreement between the City of Avenal and MVD, focusing on increasing the frequency of street sweeping, and having a consistent driver. Changes to the agreement will likely introduce new costs, which Staff is also working with MVD to determine how to pay for. Waste Connections Inc. (Avenal Landfill) has also expressed interest in providing financial assistance to help maintain a street sweeper program. As these discussions are on-going, Staff will verbally update the Council on the conversations and appropriate next steps. B. Discussion Regarding Microenterprise Home Kitchen Operations (MEHKO): Mr. Lopez at the request of Mayor Preciado. Recently, community members have raised concern regarding the rise of online social media marketplaces, with local residents advertising their food items like burritos, tamales, and other food items for sale from private residences. In the past, Code Enforcement would track down these individuals, followed by a visit by the Kings County Department of Public Health who would shut down the operation. The State of California has allowed for certain food preparation to occur in private residences, in 2013 with the Cottage Food Law, and in 2019 with the Microenterprise Home Kitchen Operations Act. The Cottage Food Law allows the production of certain low-risk foods in home kitchens to be sold directly and/or indirectly to the public. Mr. Chavez stated that Staff is following up on these types of businesses, but residents are getting more savvy with technology. Staff will continue to follow up on these types of business. 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 on the following: 1) Building Department; 2) Code Enforcement; 3) Park & Landscaping; 4) Streets; 5) Water Distribution; 6) Wastewater Collection; and, 7) Vehicle, Equipment, & Building Maintenance. Joint Meeting City Council/Successor Agency February 11, 2021 Page 3 of 5 2) Community Development Report: Fernando Santillan, Community Development Director Fernando Santillan, Community Development Director gave his report and Thanked the City Council and Community for allowing him to be part of the Community and his last day will be February 16, 2021. The Council said he will be missed and wish him the best. B. Special Presentations/Reports: 1. None PUBLIC HEARING(s): A. None.: OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Antony Lopez, City Manager 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 Mayor Pro Tem Ramirez to approve as recommended, seconded by Councilman Verdugo and carried. Roll Call Vote: AYES: Ramirez, Verdugo, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Signing Subordination Agreement with Arroyo Del Camino II: Mr. Lopez stated this item: to consider Signing Subordination Agreement with Arroyo Del Camino II and it was provided to the City Council. It means that the banks have higher priority on amount owed $975,000 and allows Arroyo Del Camino to operate 36-unit apartment complex for low-income. Staff recommends approving by resolution. Moses Diaz, City Attorney stated that they had to modify some of the language the Subordination Agreement and done after the agenda was posted. This agreement follows Cal Home projects regulations and added language that both sides agreed to and added a cap of 1-million dollars. Councilman Verdugo asked why we need this Subordination Agreement. Moses Diaz, City Attorney stated the purpose of the Subordination Agreement because when you record liens on real property for loans the one that is recorded first will have higher priority. That means if the property is ever foreclosed on or sold at a County Tax Sale for some reason transferred the value and equity of that property first will be used to pay off loans that are higher priority. So, because we have construction funding at the very top, home loan and this Subordination Agreement will be priority. After a brief discussion, the following Action was taken. RESOLUTION 2020-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL ENTERING INTO A SUBORDINATION AGREEMENT RESULTING IN THE CITY'S SECURITY Joint Meeting City Council/Successor Agency February 11, 2021 Page 4 of 5 INTEREST IN THE "PROJECT" (ARROYO DEL CAMINO II - HOME PROGRAM LOAN FUNING) BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE SAID AGREEMENT. A motion was made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager, reported the following: 1) thanked, Mr. Santillan for his time with the City and will be missed; 2) Posted the Community Development Director; 3) Fire Department agreement is coming up; and 4) CrirsCom is going to expand their scope of work for the City with grants and community development. Councilman Verdugo reported the following: 1) Staff needs to revisit City Ordinance for Commercial Vehicle parking. Also, Thanked Fernando Santillan for his work within Avenal and dedication. Mayor Pro Tem Ramirez would like to go over the norms, goals for the City Council. Councilman Gravelle reported the following: 1) He would like to know who owns the alley behind the Mini Mart has many potholes; 2) Churches are opened; 3) Skate Park would like to due a barbeque and Thanked the inmates that donated skate boards. Mayor Pro Tem Ramirez reported that he will not be able to attend the Employee Appreciation Lunch but thanked all City Employees & District Staff for their services. Mayor Preciado reported the following: 1) CrisCom will help with future projects; 2) thanked City Staff for during COVID; 3) San Joaquin Air Quality meeting; and 4) Also, remind our 65 or older to get vaccine. 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: A. Pending Litigation (Government Code § 54956.9). It is the intention of this governing body to meet in closed session concerning: Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). Parties, case/claim no: Alba Luz Calderon 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 – ANTICIPATED LITIGATION (Government Code § 54956.9(d)). Significant exposure to litigation (Government Code § 54956.9(d)(2)). Number of potential cases is: 3. Joint Meeting City Council/Successor Agency February 11, 2021 Page 5 of 5 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: Property Description: APN 040-165-007 Negotiator(s): City Manager/City Attorney/CrisCom. Party with whom negotiating: County of Kings/State of California Instructions to negotiator concerning: Terms ADJOURNMENT: Mayor Preciado reopened meeting at 9:00 p.m. and nothing to report out of Closed Session. There being no further business the City Council meeting was adjourned at 9:00 p.m. Respectfully submitted, Maria Ortiz, City Clerk