City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, JUNE 10, 2021; 4:00 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 4:35 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Gravelle, Councilman Verdugo, Mayor Pro Tem Ramirez, Mayor Preciado. ABSENT: Councilman Hernandez. 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 4:35 p.m. with no public comments it was closed at 4:34 p.m. The City Council went into Closed Session at 4:35 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). 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 – ANTICIPATED 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. E. Conference with Labor Negotiator(s) (Government Code § 54957.6). It is the intent of this It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Joint Meeting City Council/Successor Agency June 10, 2021 Page 2 of 7 Designated representatives: City Employees Bargaining Units 1-5 / APOA F. PERSONNEL (Government Code § 54957). CalPERS Industrial Disability Application. Mayor Preciado re-opened the City Council meeting at 5:35 p.m. with nothing to report out of Closed Session. Antony Lopez, City Manager announced that there is interpretation to select on the bottom menu English or Spanish. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULES APPERANCES: Kao Nou Yang, Director of Community & Economic Development presented as stated previously hired new Community Development Assistant Yaneth Ibarra and helping with her department. Mrs. Ibarra mentioned that she’s happy to be part of the team. Also, working with the City Council, Community and Business owners. Thank you. The City Council welcomed Ms. Ibarra to the City family. Mr. Lopez mentioned that she hit the floor running, comes from the City of Huron with many great ideas with building and business license. She is a great addition to the city. Veronica Aguirre commented on the following: 1) it is Pride month and would be nice to put banner’s supporting the LTBG community; 2) concerned with water situation, water restrictions how will it be mitigated. Also, previously the Landfill will be using mister where does that water come from; and 3) the City needs to have Public form for the community to keep them inform in all areas. Mr. Lopez stated that will clarify regarding Mrs. Aguirre’s questions. Mr. Lopez reported that the misters at the Landfill use well water to help on the strain of allocated potable water. They use a well near the Water Treatment Plant that well water is used for dust control, landscape and misters it is not potable, but could be used. He announced that it was posted on Facebook needs to be translated to English in the segment that was shown last night in Univision. Mayor Preciado mentioned that there is another source of water non-potable water near the Sports Complex that residents are able to tap into if they have a container/jug or City can provide one for 250 gallons. It can be used for irrigation and it is a requirement for developers for construction lessen the strain on potable water. Also, Code Enforcement Officer has been doing a great job getting water restrictions distributed to our community and in the utility bills all residents will have a copy of Tier III water restrictions water conservation. Staff is waiting because it at the State level. 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 27, 2021. B. Consider Approval of Juvenile Services Officer Contract for FY 2021-2024 A motion was made by Councilman/Successor Agency Member Verdugo approve Consent Calendar, seconded by Councilman Gravelle, and carried. RESOLUTION 2021-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH REEF-SUNSET UNIFIED SCHOOL DISTRICT (RSUSD) AND THE AVENAL POLICE DEPARTMENT FOR A JUVENILE SERVICES OFFICER (JSO) POSITION FOR FY 2021-2024. A motion was made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Verdugo, Gravelle, Ramírez, Preciado. NOES: None. ABSENT: Hernández. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Letter Regarding COVID-19 Executive Order on Brown Act to remain effective after 6/15 :( Information). Joint Meeting City Council/Successor Agency June 10, 2021 Page 3 of 7 Mr. Lopez reported that with the reopening of the state’s economy and services scheduled for June 15, 2021, there were question on whether Executive Order N-29-20 from the Governor would remain in effect. Executive Order N-29-20 provides flexibility to state and local agencies and boards to conduct their business through virtual public meetings during the COVID- 19 pandemic – such as the City Council hosting meetings on Zoom and streaming them to Facebook. Based on the letter, it appears that Executive Order N-29-20 will remain in effect for the time being. B. Presentation by Kings County Fire Chief Lynch Regarding Avenal Fire Services Contract: Chief Lynch, Kings County Fire Department went over Fire Department Services provided to Avenal and residents. Their Mission Statement – “The Kings County Fire Department strives to promote, preserve and protect the public safety and security of all members the community by utilizing effective Fire Prevention techniques and providing quality Fire, Rescue, Emergency Medical services with compassion and a commitment to excellence.” Avenal Fire Service Contract: 1) all risk Agency; 2) 85% including Administrative and Office Staff; 3) 10 Fire Stations; 3) 1367 miles excluding City of Hanford and Lemoore. The Fire Department has a long history with City of Avenal 12 plus years. They provide Fire Marshall Services – Review new housing and commercial developments, conduct business inspections and commercial of occupancy, Public Education and Fire origin and cause investigation. Mr. Lopez reported that since 2003, the City of Avenal has officially contracted fire services from Kings County Fire Department. For the past nine years, since 2012, the City and County have negotiated yearly agreements based on the cost of services rendered to the Avenal community supplementing the costs with general fund dollars in addition to property taxes. In recent years, these costs have substantially grown to the point where the City has been unable to provide full payment of costs as rendered by the Fire Department. Previous agreements in 2012 and again in 2015 stipulated a plan to incrementally increase the percentage of the City’s contribution up to the full costs after three years. Today, the City finds itself at the same crossroads where a $365,000.00 contribution, and property taxes, only covers - 68% of the full cost of fire services for Avenal residents. 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. 2) Avenal Theater & Event Center Activity Report: Humberto Bermudez, Avenal Theater & Event Center Coordinator. Humberto Bermudez, Avenal Theater & Event Center Coordinator, reported the following: 1) Tech update; 2) Facility Maintenance; and, 3) Events – AHS Rotary Senior Gradation Event/ Avenal Rotary Club and City Staff held an event to congratulate Avenal High School Class of 2021’s graduation. The Avenal Theater hosted an outdoor film and arcade corner. -Rotary Food Distributions: May 11th the Avenal Theater continues to assist with the Avenal Rotary Club with their monthly food distributions outside the Veteran’s Hall. B. Special Presentations/Reports: 1. None. PUBLIC HEARING(s): A. Consider Public Hearing Authorizing Submittal of a 2021 Community Development Block Grant (CDBG) Application  Staff Report Joint Meeting City Council/Successor Agency June 10, 2021 Page 4 of 7  Public Hearing  Approve Resolution Kao Nou Yang, Community & Economic Development Director reported that On January 29, 2021, HCD released a NOFA announcing the availability of CDBG Program funds of approximately $30 million from the 2021 funding allocation. Competitive applications are due on June 14, 2021 and Economic Development Applications will be due July 15, 2021. Eligible activities predominantly benefit low- and moderate-income Californians and include Housing Assistance Programs (Single-Family Homeownership Assistance, and Single-Family Housing Rehabilitation); Public Facility and Public Improvements projects (including Public Improvements in Support of New Housing Construction); Public Service programs, Planning Studies, Economic Development Business Assistance and Microenterprise activities. The City may apply for a maximum of $1,500,000 for a maximum of three activities. The City proposes to apply for CDBG funds for the following projects: Housing Rehab: $500,000 Homebuyer Assistance $500,000 General Administration (up to 7.5% of activity funds awarded) 1,000,000. A public notice was published in the May 21, 2021, issue of the Hanford Sentinel notifying the public of this public hearing. Staff recommends that The City Council hold a public hearing, authorizes the City Manager or designee(s), to sign the application, the Standard Agreement, and any subsequent amendments or modification thereto, as well as any other documents required by HCD for participation in the CDBG Program. The cost for preparation of the CDBG applications by Self-Help Enterprises is $4,000 and was previously budgeted for in General Fund account. Susan Long, Self Help Enterprises is present to answer any questions. Mayor Preciado asked why Staff didn’t apply for 1.5 million. Mrs. Long stated that there need to be a technical plan or project ready and the city doesn’t have project ready, and this would be detrimental to the application. This application is very competitive. They are maxing out Mayor Preciado opened public hearing for Submittal of the 2021 Community Development Block Grant (CDBG) Application at 7:41 p.m. and closed due to no public comments at 7:42 p.m. After a brief discussion, the following action was taken. RESOLUTION 2021-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020-2021 FUNDING YEAR OF THE STATE CDBG PROGRAM. A motion was made by councilman Gravelle, seconded by Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Gravelle, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: Hernandez. 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: Joint Meeting City Council/Successor Agency June 10, 2021 Page 5 of 7 Although COVID-19 vaccines are becoming readably available and Kings County has moved to the 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: 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 Verdugo to approve as recommended, seconded Mayor Pro Tem Ramirez and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Preciado. NOES: None. ABSENT: Hernández. ABSTAIN: None. B. Consider Extending Local Emergency Declared on May 27, 2021: Mr. Lopez reports that the On May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to 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. As of June 1st, 2021, the city is being allotted 619.75 acre-feet of water for the water year. To date (March-May), the City has utilized approximately 537 acre-feet of water, leaving approximately 82.75 acre-feet of water left. Currently, Staff is working with representatives of USBR to evaluate options on acquiring Public Health and Safety Water from USBR – however due to the severity of this year’s drought, nothing is certain. Staff is recommending 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 Councilman Gravelle to approve as recommended, seconded Councilman Verdugo and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernández. ABSTAIN: None. NEW BUSINESS: A. Consider Community Development Block Grant (CDBG) housing Rehabilitation Program Guidelines, & Acquisition Only & Acquisition with Rehabilitation – Revisions: The CDBG Program provided a boilerplate guideline template for Housing Rehabilitation which the City approved with a variety of options December 12, 2019. Revisions being proposed includes the addition of grants up to $50,000 as designated below. This change is requested after determining that although there is substantial need and interest in the City’s Housing Rehab Program, households have been reluctant or unable to participate due to either their lack of equity or desire/concern of encumbering their property with debt. Owner-Occupied Rehabilitation Assistance includes financing to income qualified owner-occupied units or owner-investor units in need of repairs related to health, safety and/or code improvements: • Any required work that exceeds the $50,000 grant will be provided by Loans as 0%interest deferred payment loans Joint Meeting City Council/Successor Agency June 10, 2021 Page 6 of 7 to owner occupants with a term of 30 years, loans are due and payable upon sale, transfer of title or failure to occupy the unit as their principal place of residence. • Grants are available for up to $50,000 per household for repairs such as, but not limited to address immediate health and safety risks, such as heating and cooling, roof and window replacement, and more. Use of grant fund can include: o Building permit, school fees, appraisals, property report/title insurance, building plans, termite report, land survey, grading plans, recording fees and/or flood insurance. o For fire sprinkler installation and associated cost for reconstruction projects. o Equity maintenance in cases where financing the rehabilitation entirely with a loan would cause indebtedness to exceed 100% of after-rehabilitation value • Additional Grant funds will be provided for the following, as needed: o Grants up to $7,500 for asbestos remediation and removal o Grants cover all cost associated with Lead-based paint evaluation and remediation. o Grants are also available on a limited bases for relocation as needed up to $5,000. After a brief, discussion the following action was taken. RESOLUTION 2021-27: A RESOLUTION OF THE COUNCIL OF THE CITY OF AVENAL APPROVING REVISIONS OF GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM 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. B. Consider Approval to Purchase Surveillance Cameras: Kevin Carr, Police Sargent reported that the Police Department has researched camera systems and found the most logical camera system to be one from Security Lines US and sole source providers for the product. Security Lines US officers a camera system offers the latest in technology with ease of use and low overall cost. The fees are a onetime payment for the cameras and minimal ongoing cost for cellular service. The camera system is used by nearby agencies and the Avenal Police department has paid a visit to observe the cameras in use by dispatch and officers. The satellite cameras are connected to a main hub camera, which has cellular card for streaming and playback to be done remotely. The footage is stored inside the camera large capacity hard drive. The camera offers live pan/tilt/zoom capabilities along with color during the day and black and white during the night infrared night vision. The cameras install onto existing light poles within the city and utilize power via battery during the day and city power at night while the battery is being charged. Two separate projects have been constructed to better protect the most public and high traffic areas with Avenal, Skyline Project and the Kings Street Project. A quote for the Skyline Project which will allow 1-main hub camera system along with 2-satlite pods for a total of 12- cameras. The current plan is to place the camera on Skyline Blvd. which will assist in protecting the businesses and public area. A quote for the Kings Street Project which will allow 1-main hub camera system along with 2-satlite pods for a total of 8- cameras. The current plan is to place the camera on Skyline Blvd. which will assist in protecting the businesses and public area. Staff recommends Skyline Project approve purchase in the amount $24,623.80, will be expended from 10.12500.655.19 and Kings Street Project in the amount of $15, 630.89, will be expended form 10.12500.655. If the Council approves by, motion to approve purchase of traffic surveillance cameras from Security Lines US in the amount not to exceed $40,254.69. After a brief, discussion the following action was taken. A motion was made by Councilman Verdugo, to approve purchase of traffic surveillance cameras from Security Lines US in the amount not to exceed $40,254.69, seconded by Councilman Gravelle and carried. Joint Meeting City Council/Successor Agency June 10, 2021 Page 7 of 7 Roll Call Vote: AYES: Verdugo, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. C. Consider Approval to Purchase Noptic Thermal Cameras: Sargant Carr reported that Staff has been researching a new tool, Noptic spotlight mounted thermal cameras. The Noptic spotlight mounted thermal camera is mounted to currently installed spotlights. The camera is then connected to the already installed Mobile Data Terminals (MDTs) where image is displayed. Officers can park with their lights off and use cameras to see people walking, running or even hiding in the bushes. This camera may also be used in the rural hills area of Avenal where there are no lights devices other than the patrol vehicle. The thermal imaging can look for heat signature of people who may be lost or in distress and in need of search and rescue. He continues that there are currently 7-marked patrol unites and recommends mounting Noptic Thermal cameras, will allow officers an enhanced ability to search, victim’s and other people who my need help. The Noptic camera will increase officer’s safety and of the community. Staff received 2-qoutes: 1) Coode3 $30,164.84 and 2) Cooks Communication $31,162.66. Staff recommends approving purchase of the Noptic Thermal Cameras Spotlight System from Code3 and system integration in the amount not to exceed $30,164.84. A motion was made by Councilman Gravelle, approving purchase of the Noptic Thermal Cameras Spotlight System from Code3 and system integration in the amount not to exceed $30,164.84., seconded by Councilman Verdugo and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: Hernandez. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mr. Lopez reported the following: 1) Declaration Tier III water conservation 2) Utilities bill assistance & Rental assistance workshops on June 16th 3& 30th at Recenter 5-7 p.m.; 3) update odor from the Landfill the San Joaquin Valley Air is trying to find out where the odor is coming from; 4) Animal Control Clinic drive through -June 23, 2021 at Rice Park and walkup will be attend by staff; and 5) Flea/Community market Friday, June 18, 2021. Mayor Preciado would like to add future agenda items as follows: 1) Jose Ramirez special dinner July 2, 2021 and give him a plaque; and 2) Street maintenance for parttime help. Moses Diaz, City Attorney reported the following: 1) update on Brown Act Senate Bill; 2) water shutoff. Mayor Preciado reported the following: 1) Mexican Consult forum discussed them coming back to help residents of Avenal; 2) USBR meeting regarding water; and 3) meeting with Avenal State Prison Warden. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:47 p.m. Respectfully submitted, Maria Ortiz, City Clerk