City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. - A CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING THURSDAY, FEBRUARY 25, 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 6:19 p.m. Mayor Preciado appionted Antony Lopez as City Clerk for a couple minutes until Ms. Ortiz, City Clerk joins the meeting, PELAGE OF ALLEGIANCE: by Mayor Preciado ROLL CALL: Councilman Verdugo, Councilman Gravelle, Mayor Preciado, Mayor Pro Tem Ramirez. ABSENT: Councilman Hernandez STAFF: Lopez, Bermudez, Ortiz, 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: There were no public comments offered. 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 February 11, 2021. B. Consider Warrants & Financial Statements for January 2021. 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: Ramirez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Discussion Regarding Vehicle Overcrowding and Commercial Vehicles on Residential Streets: Mr. Lopez stated that on February 11, 2021 City Council meeting, Staff has been patrolling residential streets outside of regular office hours to look for any issues or violations, per recent complaints made during the public comment period of recent Council Meetings. Attachment A is a memo by Code Enforcement regarding recent finds about overcrowding of personal vehicles on North A. Avenue. Also, Chief Stivers has a patrol officer patrolling this Joint Meeting City Council/Successor Agency February 25, 2021 Page 2 of 6 area. The concern of commercial vehicle parking on residential streets, this item has been an issue for quite some time. In 2019-2020, the Planning Commission worked with staff to amend the Zoning Ordinance to give clearer language about trailers and RVs being parked in residential streets, and to help reinforce the ordinance regarding commercial vehicles being parked on residential streets. Attachment B outlines changes adopted by the Council in July of 2020. In order to enforce these changes, Staff had been waiting for signs (Attachment C) to be posted at every entrance of the City, which was done over the past holidays. Lupe Chavez Code Enforcement (CE) Officer, stated that on 2/16/2021 he flexed some hours to follow up on a complaint council received during public comment regarding parking on N. A Ave. & W. San Mateo St. On 2/17/2021, CE asked a man that wishes to remain anonymous, if he has ever had any problems with parking or if he has ever seen any problems in the time his lived there. He stated he has never had any issues but one day one of the people north of him had company and brought a lot of cars, but he also knew someone in that family had passed away, so he didn’t see it as a problem for the overflow parking that night. CE took some pictures of the parking on that area. CE did not see any problems with parking. At both days there was no drive approach being blocked or any vehicles over hanging from driveway to sidewalk. On the first night there was 2 vehicles facing the wrong way on W. San Mateo St., but it’s also to a dead-end street with no true traffic besides the two homes and one of the vehicles belongs to one of the homes. On the second night one of the vehicles was moved, we are not sure where it went or who it belonged to, but it was removed from the street. He understand that he did two days during the week and there might be more of an issue on a weekend but will be more than happy to schedule flex pending direction. He continues that regarding patrolled Commercial vehicles, Commercial vehicles parked on Mono Lane & Monterey& Second, Central &Valley overnight left Union and Lassen parking 2-days and Fremont & Seventh Ave. Bobtail only to home not staying overnight. He is doing flyers to educate the truck drivers and ordinance has been posted. Staff is continuing working on this matter. Staff has installed ordinance regarding trailers and commercial vehicles this will allow enforcement. Staff is moving forward with this ordinance and giving permits to trucks. B. Discussion and Consider Goals and Norma’s for 2021-2022: Mr. Lopez stated the following: 1) Community Development improve infrastructure to promote business and housing development; 2) Community Recreation Center complete and open the Avenal Community Recreation Center; 3) Chamber of Commerce help establish and grow a local business association or chamber of commerce; 4) Community engagement provide better resource for the community with help of strategic partners and stakeholders and; 5) Norma’s and goals. Moses Diaz mentioned that there are norms in the Municipal Code. After a brief, discussion Mayor Pro Tem Ramirez to advertise and share goals with the community, seconded Councilman Verdugo and carried. Roll Call Vote: AYES: Ramirez, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: Antony Lopez, City Manager proposed to the City Council and move up Special Presentations/Reports before Activity Reports. Mayor Preciado moved up to move up Special Presentations/Reports before Activity Reports. A. Special Presentations/Reports: Joint Meeting City Council/Successor Agency February 25, 2021 Page 3 of 6 1. Avenal Landfill Special Report: George Anderson, Site Manager: George Anderson, Site Manager reported the following: 1) update on the western front of Landfill cell expansion it’s the most vulnerable position and lost soil project. Get it done by 2021; 2) Waste Connection decided to landscape and beatify entry which it had been budgeted; 3) the view trying to keep the visual barrier with community and the Landfill as you build your visual wall with municipal solid waste, compaction, and many tests to be safe. The excavation project for 6A with liner start in that side; 4) he had 28-community member tours; 5) Awards environmental excellence by Chief Engineer. Mayor Pro Tem Ramirez asked regarding vegetation and review contract for vegetation guideline. Mr. Anderson will be reaching out to the City Council to help with the landscape and budgeted $150,000. Councilman Verdugo was concerned with the soils brought into the Landfill to cover the trash. Mr. Anderson stated that their analytical test before it comes to the Landfill their Class III, which is non-hazardous cant except soils there are beyond voc and there protocol waste bit check once the soils is analyzed passed analyzation there is a thing called waste bits and setup a profile for that person that profile gets checked to make sure they have proper manifestation forms to bring that soil into once is analyzed its brought into the Landfill. The landfill goes through lined area. Moses Diaz read paragraph J of contract for vegetation. He announced that Avenal Landfill/Waste Connections has secured an agreement with the Kings Waste and Recycling Authority (where waste from all other Kings County Communities go through), to receive 25,500 tons of waste to the Avenal. B. Activity Reports. 1) Avenal Theater & Event Center Activity Report: Humberto Bermudez, Avenal Theater Event Center Coordinator. Humberto Bermudez, Avenal Theater Event Center Coordinator, reported on the following: 1) Tech update; 2) Rotary Food Distributions: February 9th, Outreach: 3) Facility Maintenance; and, 4) upcoming: Interactive Easter Egg Hunt Drive-Thru. 2) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police Rusty Stivers, Chief of Police, reported on the following: 1) Investigations: 500 Blk. of Alpine Burglary; 2) Officer Stryd & Gunner 800 Blk. drug sales and suspect booked; 3) Officers assisted Coalinga CHP with arrest with driver under the influence; 4) Officer B. Stryd made traffic stop suspect took off with Officer Stryd in pursuit suspect arrested for DUI; 5) Officers continue numerous mental health calls; and numerous DUI arrests and one involving child custody. Mayor Pro Term Ramirez, thanked the Stryd. 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 threat 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: Joint Meeting City Council/Successor Agency February 25, 2021 Page 4 of 6 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 Gravelle to approve as recommended, seconded by Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Gravelle, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. NEW BUSINESS: A. Consider Approval of Western Area Power Administration (WAPA) 2025 Base Resource Power Supply Contract: Mr. Lopez stated that The City of Avenal current CVP Base Resource Contract with WAPA is an important resource providing cost-based electricity to supply Water Plant #2 at a reduced cost. Water Plant #1 and the Wastewater Plant are currently supplied by PG&E. The current WAPA Base Resource Contract in 2000 for the years 2005 to 2024 to provide Avenal with an initial 0.04107% share of CVP Base Resource. The proposed WAPA 2025 CVP Base Resource Contract is for 0.04288% share of CVP Base Resource for a 30-year contract which will span from 2025 through 2054. WAPA has set a deadline for customers to execute the WAPA 2025 Base Resource Contract by March 16, 2021, six months from receipt of the final contract. Staff recommends adopt the attached Resolution authorizing the City Manager to sign the agreement with Western Area Power Administration Sierra Nevada Region Contract for Electric Service Base Resource, on behalf of the City of Avenal. After a brief, discussion the following action was taken. RESOLUTION 2021-13: A RESOLUTION OF THE COUNCIL OF THE CITY OF AVENAL APPROVING THE EXECUTION OF CONTRACT 20-SNR-02374 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION, SIERRA NEVADA REGION, CONTRACT FOR ELECTRIC SERVICE BASE RESOURCE WITH CITY OF AVENAL TO PRESERVE THE CITY’S OPTIONS TO MAINTAIN, TERMINATE, OR REDUCE ITS ALLOCATION UNTIL JUNE 30, 2024. A motion was made by Councilman Verdugo, seconded by Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. B. Consider Expanded Scope of Work, Memorandum of Understanding (MOU) with the CrisCom Company: Mr. Lopez stated that as the Council looks to capitalize on a number of economic and development opportunities in Avenal, Staff has identified the CrisCom Company as an invaluable partner in the Central Valley who can help the City realize its ideas and plans to fruition. An expanded scope of work which entails including grant writing and economic development for the City, alongside previously prescribed lobbying activities at a cost of $4,000.00 monthly. The CrisCom Company is very privileged to work with the City of Avenal. After a brief, discussion the following action was taken. Joint Meeting City Council/Successor Agency February 25, 2021 Page 5 of 6 RESOLUTION 2021-14: A RESOLUTION OF THE COUNCIL OF THE CITY OF AVENAL APPROVING AN EXPANDED MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CRISCOM COMPANY. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Gravelle announced that Fresno Skateboard Salvage, Inc. and he will BBQ at the Skate Park- 9AM to 2:00 p.m. donating skateboards to children. Also, there will be a Professional skater and everyone is welcomed to come out. Antony Lopez, City Manager, reported the following: 1); He was thankful, that Mr. Anderson announced that the Landfill secured an agreement with the Kings Waste and Recycling Authority (where waste from all other Kings County Communities go through), to receive 25,500 tons. Staff will continue working close with the Landfill and insure compliance; 2) this week on Monday had interviews for the Community & Economic Development Director position and Mayor Pro Tem Ramirez and Councilman Verdugo were part of that interview panel. Mr. Lopez announced KaoNou Yang, Kings County Planner III accepted an offer has 5-yrs experience with planning and is very familiar with Avenal. As part of the goals Mrs. Yang will be busy with the community center due to the state needs to spend 869,000. Ms. Yang will start March 8, 2021. Councilman Verdugo reported the following: 1) He would like express his appreciation for the Rec Department that hosted the valentine breakfast. Mayor Pro Ramirez reported that: 1) his happy with the progress City Staff slow but steady and goals/norms. Mayor Preciado reported the following: 1) he attended Kings Area Agency & KCAG; and, 2) he commends everyone for working together to keep the City safe. Also, City has sanitizer and masks if anyone needs. 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 Calderón 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. 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. Joint Meeting City Council/Successor Agency February 25, 2021 Page 6 of 6 Party with whom negotiating: County of Kings/State of California Instructions to negotiator concerning: Terms ADJOURNMENT: Mayor Preciado reopened meeting at 9:38 p.m. and with nothing to report out of Closed Session. There being no further business the City Council meeting was adjourned at 9:38 p.m. Respectfully submitted, Maria Ortiz, City Clerk