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, NOVEMBER 17, 2021; 5:15 P.M. AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA 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 5:23 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Hernandez, Councilman Gravelle, Councilman Verdugo, Mayor Preciado Mayor Pro Tem Ramirez attended meeting via Zoom ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Williams, Yang, Verdugo, Stivers. LEGAL COUNSEL: 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 opens public comment for Closed Session.at 5:30p.m. with no comments the City Council will go into Closed Session at 5:32. Also, will be opened after Closed Session for any public comments. 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 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). 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. Personnel (Government Code § 54957.6). Consider public employee performance evaluation for the following positions: Title: City Manager. Title: Chief of Police. Mayor Preciado reopens regular meeting at 6:15 p.m. with nothing to report out of Closed Session and will return to Closed Session after the City Council meeting to discuss three items that are pending. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Cheryl Tuttle, Rotary would like to obtain signs needs direction from Council. Mayor clarified there was no decision and delegated to Antony Lopez, City Manager regarding the sign request. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). Joint Meeting City Council/Successor Agency – November 17, 2021 Page 2 of 4 A. Approval of City/Successor’s Agency Minutes for October 28, 2021 B. Warrants &Financial Statements for August 2021 C. Ratify Offers to the Employee Designated Negotiating Team No. 4, As Per Requested for FY 2021/2022, 2022/2023, 2023/2024: Resolution 2021-49. A motion was made by the City Council/Successor Agency to table items for the next regular City Council meeting. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider One (1) Appointment for Vacant Planning Commission Seat - Mayor Preciado. Antony Lopez, City Manager reported that at the October 28, 2021, City Council Meeting Staff presented applications for the vacant Planning Commissioner seat. Staff has advertised the vacancy and to date has received two additional application Terry Santillan and Edgar Garcia this appointment can be filled by Mayor Preciado which he was involved with interviewing applicants. Mayor Preciado appointed Edgar Garcia for the Planning Commission a term of 4-years and they went over bylaws. B. Homelessness Prevention – Lupe Chavez, Senior Code Enforcement Officer (Informational). Lupe Chavez, Senior Code Enforcement Officer stated that he received a Memorandum form Avenal Police Department regarding calls for service January 1, 2021 to November 12, 2021: Dispatch 33-trasspassing, officers made 15 proactive contacts related to trespassing during that same time frame 47 trespassing related calls for service and 21 arrests. Also, call is physical residence at the same set of locations included 200 block E. Kings Street; 601 Ventura; 300 Ventura; and 1217 S 7th Ave. These residents are vacant, and Staff is working with property owners. Avenal has seven (7) homeless some have sought help with family members and others want to be left alone. Mr. Lopez mentioned that he sits on the board for KCAO, and there is a lot of work that goes into the program home key. Mr. Chavez mentioned that these programs also require mental health classes, and they don’t want to go to the classes. Also, involves training for mental health issues to address homelessness. Councilman Gravelle inquired about portable showers for homeless and Mr. Chavez will reach out to a resident that has something like that and cost. Councilman Verdugo commented the City of Avenal need to bring homelessness prevention resources to Avenal for our community. Mr. Lopez asked would this be a study session item for two Councilmembers, Code Enforcement and Police Department to discuss the issues at hand. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: A. Activity Reports: 1) Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director. Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 5) Water Distribution; 6) Wastewater Collection; and 7) Vehicle, Equipment, & Building Maintenance. B. Special Presentations/Reports: 1. Caltrans - Clean California Grant Opportunity - Curt Hatton, P.E., Caltrans District 5 Clean California Coordinator. Curt Hatton, P.E., Caltrans District 5 Clean California Coordinator reported for 30-min that the clean California initiative and then also a potential clean California project that we like to do in the city of Avenal. John Lui, Maintenance and Operations and then Brad Cole, Landscape Architecture with within the district 6 Fresno office. Mr. Hatton presented a quick overview of Clean California initiative as follows: Clean California project on state route Hwy 33 and 269 and feedback. PUBLIC HEARING(s): A. None. OLD BUSINESS: Joint Meeting City Council/Successor Agency – November 17, 2021 Page 3 of 4 A. Consider Extending Local Emergency Declared on March 24, 2020: Mr. Lopez reported that the On March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic. 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. On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules  The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing 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 sixty (60) 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. Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures. A motion was made by Councilman Gravelle to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None ABSTAIN: None. B. Consider Extending Local Emergency Declared on May 27, 2021: Mr. Lopez reported that 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. 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 sixty (60) 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 Verdugo to approve as recommended, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Purchase of 6” Water Pump & Accessories for Utilities Department: Ronald Brumley reported that with existing equipment starting to show its age we feel it is best interest of the city to purchase a backup 6:00 AM T Gorman our new PP trash pump. This will allow the city flexibility in the case of an emergency. Currently we have two effluent pumps that were installed in the mid 80s and are in need of new equipment. This will come out of ARPA Fund. Staff obtained the following quotes: Absolute Water Pumps AMT Gorman-Rupp Trash Pump $10,070.00 plus tax Hoses and accessories $ 2,603.00 plus tax Water Pumps Direct AMT Gorman-Rupp Trash Pump $10,833.00 plus tax Power Equipment Direct AMT Gorman-Rupp Trash Pump $10,833.00 plus tax Joint Meeting City Council/Successor Agency – November 17, 2021 Page 4 of 4 A motion made by Councilman Verdugo to approve expenditure to Absolute Water Pumps and accessories in the amount of $12,673.00, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider First Reading of Ordinance Amending Portions of The Purchasing System in Chapter 8 of Title 3, Pertaining to Open Market Procedures and Small Purchases. Mr. Lopez reported that Consider first reading of Ordinance Amending Portions of The Purchasing System in Chapter 8 of Title 3, Pertaining to Open Market Procedures and Small Purchases. Staff evaluating looking ahead to streamline projects for the betterment of the City. Staff conducted research at what the approximate number would be to update these caps looking at inflation from 1979 to 2021, $5,000 adjusted for inflation in today's dollars would be $19,048.83. and looking forward inflation is expected to continue rising with Social Security at a 6% for 2022 knowing the importance at growing the community and effectively responding to the day-to-day and ever-changing world. Staff in conjunction with the city attorney have prepared the following ordinance amending the purchase system of the Municipal Court adjusting the small purchase for goods and supplies to $25,000.The open market procedures informal bidding requiring 3-quotes and councils approval from 25,001.00 to $40,000 keeping the 15,000 range as before adjusting these caps will help move projects forward, especially with many infrastructure projects on the horizon for the utilities and public works department as seen in the previous items Staff recommends waving the first reading of ordinance 2021-01 and brining it back to the next regular council meeting for the second reading and adoption. First Reading Ordinance Amending Portions of The Purchasing System in Chapter 8 of Title 3, Pertaining to Open Market Procedures and Small Purchases. A motion was made by Councilman Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager reported the following 1) City Hall will be Closed December 24th & December 25th due to holidays; 2) updates attended City Managers meeting; 3) The check presentation this Monday was a success and gave thanks to Public Works and all city Staff that help organize. Also, recognized School District, Rotary, the Museum, Wonderful Company, County and Assemblyman Rudy & Senator Hurtado. He is hoping to do a soft opening sometime by the end of next year and seeking more funding from Prop 68 there is potentially 8.5 million if we were successful; 4) Surprise visit by California Governors Newsom to promote vaccines and booster shots and it was a great honor to hear to Governor congratulate Avenal for a job well done and having a 74% vaccination rate; 5) Staff ‘s Thanksgiving potluck Friday at 12:00 at the Veterans Hall and will be celebrating alongside with members of the Senior program; and 6) Operation Gobbles Supervisor Valle next Tuesday starting at 10:00 a.m. their bringing 200 turkeys and city’s matching with 300 chickens. Staff worked with State Foods they will store and provide chickens and will provide day of event. Happy Thanksgiving for everyone. Councilman Verdugo reported the following: 1) Thanksgiving giveaway drive-thru starts at 12:00 and welcome to drive by. Mayor Preciado wanted to thank everyone for participating check presentation and Governor Newson. The City Council went to Closed Session at 8:30 p.m. ADJOURNMENT: Mayor Preciado reopened Close Session at 10:09 p.m. with nothing to report. There being no further business the City Council meeting was adjourned at 10:09 p.m. Respectfully submitted, Maria Ortiz, City Clerk