City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL AGENDA ITEM NO. 5. – A. “Pistachio Capital of the World®” AMENDED AGENDA CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING THURSDAY, MAY 27, 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 5:15 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Gravelle, Councilman Hernandez, Councilman Verdugo, Mayor Pro Tem Ramirez, Mayor Preciado. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Strivers, Yang. 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 5:17 p.m. with no public comments it was closed at 5:22 p.m. The City Council went into Closed Session at 5:17 p.m. and will 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. 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).Mayor Preciado re-opened the City Council meeting at 6:59 p.m. and there was nothing to report. 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: Center for Biological Diversity et al. v. United States Bureau of Reclamation, et al. (United States District Court, Case No. 1:20-cv-007606-DAD-EPG). C. 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)). Significant exposure to litigation (Government Code § 54956.9(d)(2)). Number of potential cases is: 2. 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 Mayor Preciado re-opened the City Council meeting at 5:30 p.m. and there was nothing to report out of Closed Session. Antony Lopez, City Manager requested for Special Presentations/Reports to be moved up. The City Council was in consensus with action. Mr. Lopez announced that there will interpretation and will need to select your language. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: Special Presentations/Reports: 1. Avenal Landfill Quarterly Update: George Anderson, Site Manager Avenal Landfill, Waste Connections. Joint Meeting City Council/Successor Agency May 27, 2021 Page 2 of 6 George Anderson, Site Manager reported the following: 1) Landfill quarterly tonnage; 2) visible berm and future plans of the landfill; 3) Landscape adding trees and still on track; 4) Spring Cleanup -134 resident and the City of Avenal provided Safety Vests. Antony Lopez, City Manager mentioned that they can keep the vest for the community, because the Landfill has provided vets for community. Mr. Andersons door is always open for anyone with questions or concerns and just give Mr. Anderson a call to make appointment. Mayor Preciado is grateful that the Landfill has being transparent regarding any issues they might have be calling City Manager for updates of any concerns of residents. Veronica during the visual berm how will the Landfill control odor. George Anderson stated that odor control mister and they do whatever it is necessary to control odor. 2. City Departments End of Year Reports & Goals: Antony V. López, City Manager. Mr. Lopez reported that 2020 proved to be a year of change for the City of Avenal. Key staff members either retired or moved on to other agencies, and a new Council was also elected. On top of all these changes, thecity, alongside the nation have been battling the consequences of COVID-19 in our communities. Now that the lockdowns and restrictions caused by COVID-19 are subsiding and businesses and the economy are opening back up, now is a perfect time to reflect and plan for theyear ahead. As the City prepares to accept up to $2.5 million dollars in federal stimulus from the American Rescue Plan Act of 2021, and budget for the next fiscal year, we must ensure that money is spentwisely for the long-term benefit of the community and the City’s ability to continue providing the best services possible. To assist in understanding the needs and complexities of the city, attached are the Year End Reports and 2021 Goals for the Community Activities, City Clerk, Community Development,Police, Public Works, Theater, and Utility Departments. FY 2021-2022 GOALS The attached reports include a list of goals and needs to help improve the efficiency and effectiveness of each department. When reviewing all the reports, an underlining theme is theneed for additional staff that can dedicate more time to certain tasks and roles which are currently being partially filled with current staff. Many departments have cut back their budgets over the years and reduced staff as well and has yet to bring that additional help back. For example, last year as COVID-19 spread, positions for Code Enforcement and Public Works were vacated by retirement, but no job postings were madein order to save money for FY 2020/2021. Going further than last year, the Utility Department previously had four operators and a supervisor, while currently it only has three operators and one supervisor. While in many instances the current staffing level works, it does mean most staffin unable to comfortably take any time off. Looking ahead as the city experiences exponential growth in housing and soon economic development, the City’s staff and departments too must grow accordingly. As we prepare for thenext fiscal budget, now is the time to consider other relevant changes and restructuring that will prepare the city for the next phase of Avenal’s future. Some changes that staff has discussed exploring are:  Creation of a Human Resources position.  Moving the Building Department from Public Works to Community Development.  Overtime work to have an in-house Building Official and Building Inspector.  Spinning off Code Enforcement and Animal Control from Public Works and creating anew Code Department.  Dissolving the Theater Department and give oversight of the theater to CommunityActivities.  Provide Community Activities with an additional staff or part-time position.  Moving away from Kings County IT and creating our own IT Department.  Work on providing an entry-level operator for the Utility Department.  Work on providing part-time assistants for Public Works.  Create an additional officer position in the Police Department. Alongside working to adopt the above changes as budget and resources permit, the City must work on updating its fees and fee schedule to a level that more adequately can sustain the work and activities of staff and not be a burden on the General Fund. For example, currently the city does not charge for services such as encroachment permits or processing of business licenses, services which other cities do charge a fee for. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULES APPERANCES: Joint Meeting City Council/Successor Agency May 27, 2021 Page 3 of 6 Maria Morales would like to know when will work start on the project next to the Animal Shelter. Also, she would like to attend meeting because it better than online. Mr. Lopez reported that the Community Center will open soon, in a year or two. Staff can accommodate community members if needed but hoping when Covid is lifted to make meetings available, and Zoom will continue. How much will this landfill grow? Mr. Lopez stated as previously stated by Mr. Anderson the current site has about 100-feet left. Activity Reports: 1) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police. Chief of Police Stivers reported the following: 1) investigations Domestic Violence; 2) welfare checks; 3) intoxicated person called the police department wanting to go to jail and suspect was taken to jail; 4 ) verbal disturbance; 5) Officers received a call that occupants of a vehicle were brandishing a rifle in the area of Plymouth and the Avenal Cutoff and suspects were taken into custody and the firearm was recovered; 6) DUI traffic collision in the 900 block of Skyline; 7) Administrative Projects - Maria has been working with our Records Management System vendor, Spillman Technologies, on the implementation of the National Incident Based Reporting System (NIBRS) which we are transitioning to. NIBRS is a deeper dive into the current Uniform Crime Report statistics that are reported to the FBI on a monthly basis. The following link is being provided for your information: https://www.fbi.gov/services/cjis/ucr/nibrs; We have also been working with the California Department of Justice on the Racial Identity Profiling Act (RIPA) Stop Data program which will be in effect beginning January 2022. Most law enforcement agencies in the Valley are in the last wave to meet the mandatory reporting beginning in January 2022 for a January 2023 report. Avenal PD has chosen to utilize the DOJ Portal to upload the information rather than use a third-party vendor to report to DOJ. Staff has been working on an agreement to purchase traffic surveillance cameras (with non-general fund monies.) The exact locations and specific functions of the cameras are still being considered; and 8) Community Events/Outreach - due to a spike in catalytic converter thefts across the Valley, Officer Voyles and Avenal Towing teamed up to apply owner applied identification to catalytic converters. Twenty- six vehicle owners took advantage of the program. Officer Voyles was interviewed by Channel 26 news to help promote the event and did an excellent job. Thank you to Martin Maldonado from Avenal Towing for donating his time away from his business to support our community! Due to the COVID-19 issues the past year, our youth outreach programs were on hold. Now, with the County in lesser restrictive tiers and with RSUSD students returning to campuses, our Explorer Post is active again along with our Police Activities League. Precautions are still in place in regard to the wearing of masks (if indoors) and social distancing. The PAL program is proud to announce a girls’ softball program as well. Special thanks to community for being patient during the last year and to our PAL volunteer coaches! 2) Community & Economic Development Activity Report: Kao Nou Yang, Director of Community & Economic Development. Kao Nou Yang, Director of Community & Economic Development, reported the following: 1) Processing Zoning Land Use Applications, Land Division Applications and Current Planning; 2) Long Range Planning- Zoning, Subdivision and Building Ordinance – working currently on update all threeordinances to create a better flow and consistency; 3) Staffing -New Staff will be joining the Community Development Department as the Community Development Assistant on June 1. She will be under my direct supervision and processing permits and housing grant tracking for the city. 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 May 13, 2021. B. Consider City Warrants & Financial Statement for April 2021. C. Ratify City Resolution 2021-19/ Public Financing Authority Resolution 2021-01: Legal Representation for Bond Refinancing 2021. D. Consider Agreement with County of Kings for Access to Clerk-Recorder Database/Records. A motion was made by Councilman/Successor Agency Member Verdugo approve Consent Calendar with amendment, seconded by Councilman Hernandez, and carried. RESOLUTION 2021-20: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE COUNTY OF KINGS FOR OUTSIDE ACCESS TO THE COUNTY OF KINGS’ REAL ESTATE RECORDING INDEX AND IMAGES. A motion was made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Joint Meeting City Council/Successor Agency May 27, 2021 Page 4 of 6 Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. None. PUBLIC HEARING(s): A. Public Hearing for City of Avenal FY 2021-22 SB 1 “Streets and Roads” Project List:  Staff Report  Public Hearing  Approve Resolution (Discussion/Action) Scott Davis reported that in order to receive direct allocations of annual SB1 revenues, all cities must adopt a City Council Resolution and submit a list of projects to the California Transportation Commission (CTC) by July 1, 2021 with information regarding the proposed use of funds related to location, scope, cost and expected useful life of the project. The SB 1 Project list was developed by Rob Williams, Public Works Director, Scott Davis, Public Works Supervisor, with assistance from Brian Skaggs, City Engineer. The proposed list for FY 2021/22 is as follows: Avenal Cutoff Road Reconstruction (4,500,000). Since the California Transportation Commission is requiring annual reporting before the FY 2021/22 City Budget review, if the project list is approved by the City Council, FY 2021/22 budget will include revenues and expenditures for use of SB 1 funds received. The proposed action is not a project under the California Environmental Quality Act (CEQA) as it is an administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378). Staff recommend the following: 1. By motion, approve the FY 2021/22 City Streets Budget, Fund 30, to include SB 1 Revenues (estimate of $303,040); and Street Expenditures of SB 1 (in an amount not to exceed estimated funding by the State). Funds shall be used for SB 1 Projects as noted and included in (Attachment "A"); and 2. By Resolution, approve the SB 1 Project List and forward to the California Transportation. Mayor Preciado opened public hearing for City of Avenal FY 2021-22 SB 1 “Streets and Roads” Project List at 7:00 p.m. and closed with no public comments at 7:00 p.m. After a brief discussion, the following action was taken. RESOLUTION 2021-21: A RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. A motion was made by Councilman Gravelle, seconded by Mayor Ramirez, and carried. Roll Call Vote: AYES: Gravelle, Ramirez, Verdugo, Hernández, 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 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: Although COVID-19 vaccines are becoming readably available and Kings County has moved tothe Yellow Tier, COVID-19 still poses a threat to the public’s health. Available federal funding may be contingent on the city continuing COVID-19 safety measures. Staff is recommending the City Council consider the following action by motion: Joint Meeting City Council/Successor Agency May 27, 2021 Page 5 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 wouldbe scheduled. A motion was made by Councilman Gravelle to approve as recommended, seconded Mayor Pro Tem Ramirez, and carried. Roll Call Vote: AYES: Gravelle, Ramirez, Verdugo, Hernández, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Entering into an Agreement with PYRO Spectaculars for Independence Celebration Fireworks: Staff has received the Pyrotechnic Proposal from Jennifer Waite, District Manager for PYRO Spectaculars. She indicated that for the Recreation Department to move forward with the June 26th, Independence Fireworks Display, the City would need to enter into a contract, which includes a deposit of $5,250.00 to be made by April 1, 2021. Funds have been allocated in the budget for the “2021” Fireworks Show. However,staff still works diligently to bring in additional funds to help cover the activities, concessions, printing, medals, decorations, and Military Tribute. To date we have gotten a total of $3,640.00 in additional funds through a donation from the Avenal Youth Soccer Fireworks Stand. Letters for sponsorship have gone out which is expected to bring between $2,000 - $3,000 in additional revenue. Staff recommends by motion, authorize City Manager to enter into an agreement with PYRO Spectacularsin an amount not to exceed $11,000.00. After a brief, discussion the following action was taken. RESOLUTION 2021-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGERTO ENTER INTO AN AGREEMENT WITH PYRO SPECTACULARS INC. FOR THE INDEPENDENCE DAY CELEBRATION AND FIREWORKS DISPLAY ON JUNE 26, 2021. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: Verdugo. B. Consider Declaring Local Emergency Due to Anticipated Water Allocation Shortage, and Adoption of Tier III Water Conservation Rules: Mr. Lopez reported that on May 21, 2021, Staff participated in an emergency meeting with USBR and other Central Valley Project (CVP) customers. USBR explained the dire situation as of late and that the initialallocations would be revised to a level not seen since 2014, likely being reduced to around 25%of historic use for M&I (Municipal and Industrial) uses. For comparison, initial agricultural allocation was 5%, expected to be reduced to 0%. A 25% of historic use water allotment would mean Avenal only has 619.75 ae-ft. of water to use. In terms of Avenal's water needs, our average consumption was about 206ha in 2020. At this rate, we only have enough allocated water for June/July. Current water usage has been lower dueto fresher weather, but once the summer heat hits, we expect usage to increase. Last water year, USBR was able to supplement the city’s initial allocation with an additional 500ae-ft. This year, Staff and Council will need to be proactive with advocating the city’s water needs. While the City works with USBR regarding additional water allotment for emergency health andsafety, it is in the City’s best interest to declare a local emergency due to the anticipated water shortage and adopt Tier III water conservation rules to further encourage the public to limit their water usage. Taking these actions will help demonstrate that the city and community are taking aserious and proactive step to conserve water in hopes of making it through the water allocation year. Staff recommends, By Resolution, declare/proclaim a local emergency; and review/consider/adopt further measuresand policies for implementation during said local emergency. The local emergency must be reviewed at each City Council Joint Meeting City Council/Successor Agency May 27, 2021 Page 6 of 6 meeting until emergency conditions no longer exist. Further, by Resolution, adopt to amended Tier III Water Conservation Measures. After a brief, discussion the following action was taken. RESOLUTION 2021-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING/ PROCLAIMING A LOCAL EMERGENCY FOR THE CITY OF AVENAL, KINGS COUNTY, IN THE STATE OF CALIFORNIA DUE TO A SEVERE WATERSHORTAGE. A motion was made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. RESOLUTION 2021-24: A RESOLUTION OF THE CITY COUNCILOF THE CITY OF AVENAL ADOPTING EMERGENCY TIER III WATER CONSERVATION MEASURES DUE TO ON-GOING WATER SHORTAGE. A motion was made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernández, Ramirez Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mr. Lopez reported the following: 1) participated KCAPTA meeting; 2) attended meeting with City Managers other Cities and City of Coalinga is interested in bringing animals to Avenal Shelter; 3) Avenal High School will be having a limited Graduations and will be having a parade around town. The Seniors will not have Sober Grad. Rotary & City with the community’s help will provide a Sober Grad party at the Rice Park for the Senior Class. Mayor Pro Tem Ramirez would like to help Responsible Athletes Program (RAP) with funding. Mr. Lopez mentioned that due to Enriquez moving it is not very promising. Councilman Verdugo would like to commend all the department heads for all their reports and its is appreciated. Mayor Preciado reported the following: 1) He thanked the City Manager and head departments for their reports and shows transparency; 2) attended KCAPTA meeting and meet community transportation needs; and, 3) thanked the community for attending and be safe. Mayor Preciado went into Closed Session at 7:36 p.m. ADJOURNMENT: Mayor Preciado re-opened the meeting at from closed session at 9:09pm. Item to report from Closed session: authorize the city attorney to defend the city in a litigation process, and also to authorize him to enter into a common interest agreement, and third to enter into a validation action process; motion by Mayor Pro-Tem Ramirez, second by Mayor: Preciado, carried 5-0. There being no further business the City Council meeting was adjourned at 9:11 p.m. Respectfully submitted, Maria Ortiz, City Clerk