City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING JANAURY 13, 2022; 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: 5:20 p.m. PLEDGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, present remotely Councilman Pablo Hernandez, MayorPro Tem Alejandro Ramirez; Mayor Alvaro Preciado. 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. ABSENT: Councilman Gravelle. STAFF: Lopez, Price, Bermudez, Chavez, Verdugo, Stivers. LEGAL COUNSEL: Moses Diaz. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: No public comments were offered, and The City Council went into Closed Session went into Closed Session at 5:17 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). 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: 1. B. Conference with Labor Negotiator(s) (Government Code § 54957.6). It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designatedrepresentatives: Designated representatives: APOA. C. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the following positions: Title: City Manager. Mayor Preciado re-opened the meeting at 6:15 p.m. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Antony Lopez, City Manager reported that there is a request for a little bit more information for the community. He presented a video regarding Bill-1383 YouTube from CalRecycle. MidValley is available and is doing presentations and education. Joe Heizer, CFO reported that MidValley Disposal reiterate residents and administrative bodies on how to get ready for this law 1383. He believes tonight you're looking at an ordinance which will put in place some of these requirements specifically the requirement to separate organic food from the landfill from a trash can. Also, this ordinance is specifying to State's guidance on who could be exempt from this requirement. It is specific businesses that may not actually be generating organic waste you know certain types of businesses. Joint City Council/Successor Agency/PFA Meeting - January 13, 2021. Page 2 of 6 CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Ratify a Resolution of the City Council of the City of Avenal Adopting/Approving a Memorandum of Understanding (MOU) for the Avenal Police Officer’s Association (APOA)For FY 2021/2022, 2022/2023, 2023/2024: Resolution 2022-01. B. Waive Second Reading and Adopt Ordinance 2021-02, implementing requirements for handling of organic waste and edible foods: Resolution 2022-02. C. Consider Waiver of Portion of Required Years of Service for Retiree Health Benefit, Upon Completion of 15 Years of Uninterrupted Service to City (City Manager): Resolution 2022-03. A motion was made by Councilman/Successor Agency Member Mayor Pro Tem Ramirez to approve Consent Calendar as presented, seconded by Councilman Hernandez, and carried. Resolution 2022-01: Resolution of the City Council of the City of Avenal Adopting/Approving a Memorandum of Understanding (MOU) forthe Avenal Police Officer’s Association (APOA) For FY 2021/2022, 2022/2023, 2023/2024. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. RESOLUTION 2022-02: Adoption of Ordinance No. 2021-02 implementing requirements for handling oforganic waste and edible foods. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. ORDINANCE NO. 2021-02: AN ORDINANCE OF THE CITY OF AVENAL ENACTINGREGULATIONS FOR HANDLING OF ORGANIC WASTE AND EDIBLE FOODS. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. RESOLUTION 2022-03: Waiver of Portion of Required Years of Service for Retiree Health Benefit, UponCompletion of 15 Years of UninterruptedService to City. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Discussion of Legislative needs to Local/State Elected Officials for 2022: Mr. Lopez reported that Continued discussion from the December 9, 2021 City Council meeting, Staff is requestingdirection from Council on legislative items of importance to discuss with Avenal’s elected officials. Staff has already met with Senator Hurtado’s Chief of Staff, Elizabeth Hess, and Congressman David Valadao, last month. Now is a good time to discuss and plan-ahead areas they may be ableto help Avenal, so we can strategically work together with its elected officials. Last year’s requests included:  Funding for the Cutoff Road project, $5+ million  Funding assistance for fire contract services deficit, helping pay the 600k a year in totalservice.  Funding for the Community Center project ($5 million requested, $2 million awarded bystate – still awaiting Federal earmark news).  Funding for a new well to increase water allocation by the canal. Some ideas (in no particular order):  Funding for transportation opportunities and EV Chargers.  Assistance in funding a new City Hall.  Funding and program assistance for the Senior Program/Veterans Hall, either with meals or helping remodel the Vets Hall. Joint City Council/Successor Agency/PFA Meeting - January 13, 2021. Page 3 of 6  Infrastructure, water/wastewater, and roads.  Transmission Line Project 18” (5-year delayed) 10.5-million  Infrastructure -Broad Band Staff recommends to direct staff on funding priorities to send to Avenal’s elected officials for 2022-2023. Mr. Lopez states that Staff is hitting some roadblocks with the state in terms of what they're requiring form City and mitigate before able to finally work on the project. The Water Resource Board this project is certainly needed, and all are aware that there were two water leaks. Mr. Davis reported that with the transmission projects and last week Brian Skaggs, Summers Engineering received a response from the State Water Resources Control Board. The Transmission Project this was the 4th-time it’s been sent out to entities for comment. The State Water Resources Control Board decided to comment on the separation of the new 18-inch line at some of the crossings at existing pipelines that are up in the oil field area. Also, for instance on one page of the plans page 3 there's 14-pipeline crossings in that one area of replacement. The State Water Resources Control Board concerned about the under crossings separation not knowing what's in the pipelines and the unknown fluids could cause a potential contamination of our drinking water. He continues that he spoke with Mr. Skaggs there going back through drawings for more area of concern. The State Water Resources Control Board will evaluate the layout, and this may delay project going out to bid. If the State Water Resources Control Board redesign pipeline to go deeper in some of these areas. So, it's unfortunate that our State Water Resources Control Board decided to wait until the final stretch to offer comments. The City Council is in consensus to direct staff to apply for all grants that apply to City and Transmission Project priority. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Gravelle. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: A. Activity Reports: 1) Public Works/Code Enforcement/Animal Control Departments Activity Report: RobWilliams, Public Works Director. Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 5) Water Distribution – seven water leaks; 6) Wastewater Collection; and 7) Vehicle, Equipment, & Building Maintenance. 2) IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager, reported the following: 1) continuing to work on internet access, phone system, emails, clerk software; 2) Other: provided a temporary hotspot for Animal Control; replaced a machine for the Community Development Assistant, continues to provide tech support across all facilities, and Information Technology Department is now involved in the ISP sourcing and network mapping of the Community Center, detailing the needs of hardline wiring for the future office, implementing amesh wi-fi setup across the facility, and planning for any other tech. 3) Community Activities Events: Sheila Verdugo, Community Activities Supervisor. Sheila Verdugo, Community Activities Supervisor reported the following: 1) Completed Events: Day of the Family/ Trunk r’ Treat - Sponsors Elliott Investments, WasteConnections and Clearway Energy, Día de los Muertos –Support from Gloria Balderas, Sweet Moments, Annette Atilano, AHS Volunteers, Holiday Magic Celebration – Support from Avenal Rotary, AHS Volunteers, Fire Department, Gallery (Juan Carlos), Elliott Investment, Recreation Commissioner Rita Wallis and Family, Avenal Assembly of God, City Staff and Councilmembers. Special Thank you to our Secret Santa, Pictures with Santa – Support from Rent -a-Toilet, AHS Volunteers, Big Lou’s Circle K, Harlin Casida, and Santa/Mrs. Claus, Holiday Home Decoration Contest – Winner the Diaz Family on 1st and Madera Street. Honorable mention the Wallis Family – 1008 Whitney Street and Best Nativity Scene was the family at 201 W. Stanislaus Street Christmas Tree Decorating Contest – Winner Avenal Assembly of God “Happy BirthdayJesus”, Letter to Santa – Support Leticia Gamez, AHS Volunteers, Staff and Avenal Post Office and they responded to 247 letters, Christmas Cheer to Senior Shut-Ins – Avenal Rotary. Staff went with Rotary to deliverbicycles that Waste Connection was unable to deliver, Christmas back- packs for the homeless - Support Kings United Way donated $1,000.00 in Walmart gift cards to purchase backpacks and necessities to go inside. Councilmen Gravelle provided his annual Christmas Eve dinner and assisted Councilmen Hernandez with distributing backpacks. She thanked Councilmen Verdugo, for putting backpacks together; 2) Upcoming: Winter Flea Market – February 5th 11:00 – 3:00 pm at Veteran’s Hall; 3) Dinner and Date Night – February 14th 6:00 – 9:00 pm at Theater; 3) Ongoing: Community Garden – We have a $100,000 budget. City Staff is working on quotes for solarlighting (6 poles), restrooms, and gazabo as well as getting soil tested. Antony reported thatArthur had USA come out to verify we have no underground wires. Councilmen Gravelle will Joint City Council/Successor Agency/PFA Meeting - January 13, 2021. Page 4 of 6 B. Special Presentations/Reports: 1) Avenal Landfill Quarterly Report: George Anderson, Site Manager George Anderson, Site Manager reported the following: 1) Quarterly Report: 82,000 tons, 166-tons of concrete, 210 mattress; 2) new area creates a smaller hot zone for just residential and the community; 3) Waste Connections fence all the way around the property which is huge because it's a mile and a half from the on the South side north side of the east side to get that secured and safe and were able to come up with an alternative 6-foot fencing which is 2-inch non climb 850 4X4 redwood looking nice. This will prevent vandalism in 2021; 4) building a canopy for mechanic that's on the little shop; 5) the Western Front of the landfill continues and wanted to know what City/City Council would like to see there; and 6) Received grant for 54-pine & 24 cypress trees on the south edge and will be doing an Avenal sign with flag poles with lighting. After a brief, discussion the City Council was in consensus to use chip green waste mulch. Roll Call Vote: AYES: Ramirez, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: Gravelle. PUBLIC HEARING(s): A. Consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan,and Review of Funds and Balances for FY 2020/21  Staff Report  Public Hearing  Discussion/Action: Approval by Resolution Griselda Price, Director of Administrative Service reported that as part of the annual reporting requirement, the City is required to make available certain information pertaining to the fees, plans for the use of fees, transfers, or loans, etc. to the public prior to review by the City Council. Such information has been provided and was noticed and made available to the public within the timeline required. Said information is located at City Hall and available Monday- Friday during regular business hours. At a noticed public hearing, the City Council shall review the report and the Development Impact Fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities (including vehicles and equipment) are still needed. Changes can also be considered during this time. At this time, due to the pending audit, no purchases/changes, transfers, or amendments were made during this reporting period. Note: for FY 2020-2021, no changes were made to the fee schedule for Development Impact Fees. Staff recommends, by Resolution, that the City Council consider making the following findings: Development Impact Fees continue to be reasonably related to the impact ofdevelopment; and Described public facilities are still needed. Mayor Preciado opened Public Hearing to consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan,and Review of Funds and Balances for FY 2020/21 at 7:55 p.m. there being no public comments it was closed at 7:55 p.m. After a brief discussion, the following action was taken. RESOLUTION 2022-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING, ACCEPTING AND APPROVING THE ANNUAL REVIEW AS REQUIRED PERTAINING TO DEVELOPMENT IMPACT FEES, UPDATED CAPITAL IMPROVEMENTS PLAN AND FEE BALANCES, AND FURTHER, MAKING THE FINDINGS THAT THE FEE AMOUNTS CONTINUE TO BE REASONABLY RELATED TO THE IMPACT OF DEVELOPMENT AND THE DESCRIBED PUBLIC FACILITIES ARE STILL NEEDED. A motion was made by Councilman Verdugo, seconded by Councilman Hernadez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. OLD BUSINESS: A. Consider Extending Local Emergency Declared on March 24, 2020: Joint City Council/Successor Agency/PFA Meeting - January 13, 2021. Page 5 of 6 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. Lupe Chavez, Senior Code Enforcement gave an update on mask, sanitizers and self test for Covid. Also, updated stores with covid signs and sanitizer and updated playground. A motion was made by Councilman Verdugo to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. 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 exist 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 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 Verdugo to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle. NEW BUSINESS: A. Consider Approving the Recognized Obligation Payment Schedule FY 22-23 for July 2022through June 2022 Mrs. Price reported that the ROPS consists of the obligations of the Successor Agency as of July 1, 2021 through June30, 2022, and a projected debt obligation schedule. The ROPS is identical to previous ROPS however it is for the entire fiscal year and the debt obligation has been updated for the fiscal 21/22 year. Staff has included: the Annual ContinuingDisclosure Reports; Bond Administration Fees; Administration costs, and debt obligation. The ROPS is subject to approval by the Oversight Board. Once approved by the Oversight Board, copies of said resolution and ROPS will be sent to the County Auditor-Controller and theState Department of Finance for approval. The ROPS is due no later than February 1, 2022. Staff recommends approve by Resolution, adopt the Recognized Obligation Payment Schedule for July 1, 2022 - June 30,2023. Joint City Council/Successor Agency/PFA Meeting - January 13, 2021. Page 6 of 6 After a brief, discussion the following action was taken. RESOLUTION 2022-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL (SUCCESSOR AGENCY) APPROVING A RECOGNIZED PAYMENT SCHEDULE (ROPS) PURSUANT TO AB X1 26, FOR JULY 2022 THROUGH JUNE 2023. A motion was made by Councilman Verdugo, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: Gravelle CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager reported the following: 1) attended Advisory Committee at Avenal State Prison and presented a PowerPoint and shared copies. The Interim Warden trying to get involved with community. Also, participate in their staff appreciation luncheon; 2) He sighed Internet expanding agreement to place more charging stations in 5-location. Mayor Preciado reported the following: 1) Thanked Staff all the do and Public Works for working on water leaks and happy new years to all. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:44 p.m. Respectfully submitted, Maria Ortiz, City Clerk