City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” AMENDED AGENDA CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING THURSDAY, MAY 13, 2021; 5:15 P.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM AVIDEO/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 5:21 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Gravelle, Councilman Hernandez, Mayor Pro Tem Ramirez, Mayor Preciado, Councilman Verdugo joined the meeting at 5:25 ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Strivers. 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. Mayor Preciado opened public comments for Closed Session items at 5:22 p.m. with no public comments it was closed at 5:22 p.m. The City Council went into Closed Session at 5:23 p.m. and would reopen at 6:15 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. Immediately prior to consideration of the first closed-session item, Mayor Preciado and the City Manager left the meeting and returned after the Council resumed the open-session. A. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the position of: Hear Complaints or charges against public employees. B. 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) 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: 3. D. 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: 040-301-017; 040-301-026; & 040-301-028 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: Dollar General. Instructions to negotiator concerning: Terms. Joint Meeting City Council/Successor Agency May 13, 2021 Page 2 of 6 Mayor Preciado re-opened the City Council meeting at 6:59 p.m. and there was nothing to report. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULES APPERANCES: Veronica Aguirre commented that on the following: 1) Old Timers Event: It was great event and commended all who organized and participated. Also, she participated in outreach and can you consider possibly making it a two (2) day event in coordination with Cinco de Mayo event with a subcommittee. Antony Lopez mentioned that he will relay the message to the Old Timers Day Committee. Russell Stivers, Chief of Police reported regarding wearing masks. The CDC states guidelines by Dr. Rochelle Walensky states” Anyone who is fully vaccinated can participate in indoor and outdoor activities large or small without wearing mask social distancing. If you are fully vaccinated, you can start doing the things that you stop doing because of the Pandemic.” We have been under the guideline of the CDC. We all have been under the guidance of the County Department of Public Health (CDPH) if you are fully vaccinated do not need to wear face covering unless attending a crowded event and are required indoors regardless of your vaccination. The Governor back tracked on eliminating the wearing of masks to the June 15, 2021. As everyone is aware June 15th was the opening of the economy, but we need to wait and see what the Governor states it changes daily. Mayor announced that at times it hard to get online for Public Comments and the Council will accommodate for comments. 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 April 22, 2021 & April 28, 2021. B. Notice of Completion for San Joaquin Road Project. A motion was made by Councilman/Successor Agency Member Gravelle approve Consent Calendar with amendment, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Discussion Regarding Backyard Chickens (Fowl Ordinance) and Planning Commission Resolution 2017- 06: Mr. Lopez reported that for a few years now, residents have inquired about changing the Zoning Ordinance to allow for poultry/fowl animals be allowed in the residential R-1 Zone. As far back as 2017, then Councilwoman Woolley requested the Planning Commission review and recommend any changes to Section 9.10-6 D of the Avenal Zoning Ordinance, which states that: “No poultry or fowl of any type if allowed in the R-1 Zone (chicken, rooster, duck, pheasant, geese, etc.)” Attached are some concerns City Staff and Departments had in 2017 with modifying the Zoning Ordinance to allow for poultry/fowl in residential zones. At the time, the Planning Commission adopted a resolution recommending to the City Council not to modify Section 9.10-6 D of the Avenal Zoning Ordinance. Unfortunately Planning Commission Resolution 2017-06 was never formally presented to the City Council. Residents are again asking the City to consider revising the Zoning Ordinance concerning poultry/fowl in residential zones. At this time, Staff would ask the City Council to consider tabling the discussion to a later date once all departments are fully staffed and can explore take on an additional workload such as enforcing backyard chickens. Moses Diaz, City Attorney mentioned that this item is a change to the Ordinance would need to be a Public Hearing from the Planning Commission with a recommendation to the City Council. Joint Meeting City Council/Successor Agency May 13, 2021 Page 3 of 6 Mayor Preciado mentioned he was part of it and let us go back to 1993 chicken were allowed and due to complaints regarding the care of the chickens they were banded. In 2017 there was a big community group that wanted chickens and request form Mayor. So, it went to the Planning Commission decided not to recommend it to the City Council. When this item came before the City Council it was also divided, and at that time Harlin Casida suggested that there be a designated area for chickens. It is like a community garden but for chickens. After a lengthy, discussion the following action was taken. Councilman Gravelle and carried. Roll Call Vote: AYES: Ramirez, Gravelle, Verdugo, Hernández, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: 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. 2) Community Activities Department Activity Report: Shelia Verdugo, Supervisor. Shelia Verdugo, Supervisor, reported on the following: 1) Contact/Outreach for community; 2) meetings; 3) Building Rentals – KCAO Free Tax Class & Rotary Old Timers; 4) Miscellaneous - Contacted KCAO for Summer Lunch Program, reached out to all food vendors who have attended our City events, and contact vendors and entertainment for Old Timers Day; 5) upcoming events - Friday Night Markets - June – Oct/Time TBA/Looking at having it at the Sports Complex –2nd Friday of each month, Kidz Spot Virtual Program – June 21st – August 6th and Independence Day Patriotic Program – June 26th. 3) 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 Updates 2) Rotary Food Distribution; 3) Outreach – Self Help Enterprises; 4) events; Old Timers Day and ServSafe Food Handler’s Training; and 5) upcoming events Online Summer Kidz Spot the Avenal Theater will be working with Community Activities to establish and schedule posts for the summer series. B. Special Presentations/Reports: A. None PUBLIC HEARING(s): A. None OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action). Mr. Lopez 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 May 13, 2021 Page 4 of 6 A motion was made by Councilman Gravelle to approve as recommended, seconded Councilman Hernandez and carried. Roll Call Vote: AYES: Gravelle, Hernández, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Entering into an Agreement with Moore Twining Associates, Inc. for Asphalt Concrete Pavement Investigation for Avenal Cutoff Road: Scott Davis, Public Works Supervisor reported that the Public Works Staff met with Kings County Public Works Staff regarding reconstruction of the Avenal Cutoff Road. The County is using Moore Twining Associates, Inc. for the pavement investigation of the 15 miles of the Cutoff to send out an RFP for engineering. City staff will be joining the County for this to save money on the engineering. The City’s 2.5-mile section of the Cutoff Road needs to have the pavement investigation to be included with the County’s RFP. Staff received the following proposal from Moore Twining since they have already tested for the County, and our section would need to be tested using the same methods. Due to the partnership with the County on this project and the short deadline to be included in the County’s RFP, the City was only able to solicit a bid from Moore Twining. Moore Twining Associates, Inc. $8,300.00 Staff is recommending the following: By Resolution, authorize the City Manager to enter into an agreement with Moore Twining Associates, Inc. for Asphalt Concrete Pavement Investigation of the Avenal Cutoff Road from Plymouth Avenue to the California Aqueduct for a total not to exceed $8,300.00. RESOLUTION 2021-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MOORE TWINING ASSOCIATES, INC. FOR ASPHALT CONCRETE PAVEMENT INVESTIGATION AVENAL CUTTOFF ROAD. A motion was made by Mayor Preciado, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Preciado, Verdugo, Gravelle, Hernández, Ramirez. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Out of State Travel for Public Works and Utilities Staff to The California Rural Water Association Expo & 36th Annual Tri-State Seminar: Mr. Davis reported that this item was going to be presented by Ronald Brumley, but since he is already presenting tonight, he will present this item as well. There are two employees from public works and two from utilities would like to attend two out of State Water/Wastewater conferences (operators will rotate annually if approved). The California Rural Water Association Expo, held in Lake Tahoe, Nevada in April 2022 and the 36th Annual Tri-State Seminar which will be held in Las Vegas, Nevada August 9-12, 2021. These conferences will enable us to attend a variety of sessions that are directly applicable to our work and will allow us to network with a variety of experts and colleagues form the tri state area. Many of the presentations are tailored to the water and wastewater profession which will allow us to gain knowledge and understanding about how we can improve our processes and water quality. We will also earn valuable contact hours to keep our certifications current. Getting the information in a conference format will greatly reduce time and costs that would normally incur in researching the topics. With our current water quality issues, I feel this would be beneficial. We would be able to get more information on the current technologies available and firsthand experiences from other operators experiencing similar problems. As follows is an estimated cost breakdown of what each conference would cost: Joint Meeting City Council/Successor Agency May 13, 2021 Page 5 of 6 California Rural Water Association EXPO: Registration- Hotel- $425 for members per person (estimated from 2019) Hotel- $105 per night for 4-nights per person (estimated from 2019) Per Diem- $218 for 5-days Travel- $200/fuel for all 2-cars, $50 per person (estimate) Total- $1113 (estimate per person) Anticipated 2021/22 budget in 15.15100-661 is $3,000, Public works 14.14100/661 $6,000.00 Tri-State Seminar Registration- Hotel- $95 for members per person (estimated from 2019) Hotel- $395 for 4-nights Per Diem- $218 for 5-days Travel- $200/fuel for all 2-cars, $50 per person (estimate) Total- $758 (estimate per person) Anticipated 2021/22 budget in 14.14000-661 is $2,500.00. Public works anticipated budget for 2021/22 is $6,000 After a brief discussion, the following action was taken. A motion was made by Mayor Preciado to approve the Out of State Travel, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Preciado, Verdugo, Gravelle, Hernández, Ramirez. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Legal Representation for Refinancing of Avenal Public Financing Authority 2005 Refunding Revenue Bonds: Mr. Lopez reported this is a follow-up as discussed from the bonds. At the April 8, 2021 City Council meeting, the Council approved entering into an agreement with Kenneth Dieker of Del Rio Advisors to act as Municipal/Financial Advisor to a potential bond refinancing. Currently the City has been working with Chip Eady of Procopio to discuss and consult on the structure of a bond refinance from a legal perspective. Given Chip’s history with the City of Avenal on the previous bond sale, Chip’s firm, Procopio, is prepared to research and begin the process of offering bond counsel, and disclosure counsel services to the City. There needs to be a Bond Counsel to refinance bonds. Ken and to Their knowledgeable regarding the bonds and how the city work and what the bonds were for. They both work in different agencies now and still willing to help the City of Avenal with bond refinancing. Ken has been looking at the numbers and looking at what Procopio, is offering and best interest would be for the city. The hope is to refinance the bonds package by the end of this year and preparing documentation possible taking this to the County Successor Agency as well getting approval by the State Department of Finance it an involved process. This was brought to do bond counsel to continue process and bond are paid through proceeds. He asked Ken to give a brief overview of bond process and why it is important. Ken from Del Rio Advisors stated that the interest rates are low, portion relates to the Water Fund and a portion to the Successor Agency their looking at the credit specifics to funds. They need to go through the process of State Department of Finance and Successor Agency meeting to get approvals and looking for a fall sale. The good news is this is 4.6-million-dollar project and saving are estimated at 740,000 split between Water Fund would receive $36,000 a year & Successor Agency would save $40,000 a year this is worth while. The net saving value are 11.6%. As an advisor he looks at what is the best interest for the City. Staff recommendation is to review and approve entering into an agreement with Procopio to act as bond counsel for the City of Avenal Public Finance Authority in order to refinance the 2005 Bonds. The bond counsel’s fees are payable contingent on the successful sale of bonds and payable from bond proceeds at closing. After a brief, discussion the following action was taken. RESOLUTION 2021-19/PFA 2021-01: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL, THE CITY COUNCIL ACTING AS THE BOARD OF DIRECTORS OF THE Joint Meeting City Council/Successor Agency May 13, 2021 Page 6 of 6 A VENAL PUBLIC FINANCING AUTHORITY, APPROVING PROCOPIO, CORY, HARGREAVES & SAVITCH LLP, AS LEGAL REPRESENTATION FOR REFINANCING OF A VENAL PUBLIC FINANCING AUTHORITY 2005 REFUNDING REVENUE BONDS A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Ramirez, Hernández, Verdugo, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Ms. Ortiz reported that the following: 1) Utilities Assistance & Mortgage Assistance by Self Help Enterprise to help residence fill out applications on May 19th & May 26th at the Recreation Center form 5-7PM everyone is welcomed. Councilman Gravelle reported the following: 1) Free dump day at the Avenal Landfill on May 22nd and May 29th at 7:00 a.m.- 2:00 p.m. Moses Diaz reported the following: 1) mask mandate coming to an end at the Federal ; 2) new bill pending with the legislature to amend the Brown Act if it goes through it would amend the Brown Act to basically require public comment could be allowed remotely for all meetings. The ways that are done here would not be allowed and he will keep Council updated; and 3) Jose Ramirez hold to 2-belts and fights May 22nd at Los Vegas. Mr. Lopez stated that we would have a more permanent venue for meetings. Antony Lopez, City Manager, reported the following: 1) the Avenal Landfill on May 22nd and May 29th at 7:00 a.m.- 2:00 p.m. bring utility bill. The Landfill requires vest and due to Covid one use and City bought 200 vest for the community: 2) May 24th 28th Tire amnesty and e-waste in collaboration with CSET and funding from Cal Recycle; and 3) his commencement form USC will be out Tuesday & Wednesday any issues call Angie or Griselda. Councilman Verdugo reported the following: 1) thanked Anna, Shelia Public Works. Also, everyone involved at the Old Timers events it was a great event . Mayor Preciado reported the following: 1) many meetings; 2) he thanked the whole community for being patient and abide by Covid -19 regulations and everyone keep safe. If there any concerns bring them and thanked everyone for attending. Thanked everyone who helped with Old Timers. Mayor Preciado announced that the Closed Session meeting was cut short and would be going into Closed Session after Closing Comments at 7:31 p.m. Mayor Preciado re-opened Closed Session at 9:22 p.m. Mayor Preciado mentioned that he was absent during Closed Session he turned the meeting over to Mayor Pro Tem Ramirez. Mayor Pro Tem Ramirez announced one action out of Closed Session: the Council concluded a confidential hearing under a sexual harassment policy and made a decision on findings of the compliant. A copy of the decision will be issued to the complainant after it is finalized and signed. A motion made by Councilman Gravelle on the confidential hearing for sexual harassment policy and findings on the compliant with copy of the decision being issued to the complainant after it is finalized and signed, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Hernández, Gravelle, Verdugo. NOES: None. ABSENT: Preciado. ABSTAIN: Ramirez. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 9:45 p.m. Respectfully submitted, Maria Ortiz, City Clerk