City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, FEBRUARY 10, 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: at 5:21 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL: Councilman Louis Gravelle, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado, attended via zoom Councilman Ricardo Verdugo, Councilman Pablo Hernandez ABSENT: None. STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Verdugo. 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 amember of Successor. Agency. Mayor Preciado opened public time to comment on Closed Session items at g no public comment the City Council will reopen public comment after Closed Session. The City Council went into Close Session at 5:23 p.m. Sargent Kevin reported that personal signed S.W.A.T will be assigned a vehicle to be used especially for S.W.A.T related call outs, operations, and any applicable training only. In his experience having their vehicle at their residence is more beneficial to go back and forth and have it readily available to them because time is crucial for any call outs. Also, any preventive maintenance of vehicle can be done proactively at residence because it seen and readily available. 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 ClosedSession. 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. Pending Litigation (Government Code § 54956.9). Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)). Parties, case/claim no: North Coast Rivers Alliance et al. v. United States Bureau of Reclamation, et al. (United States District Court, Civ. No. 16-cv-307-DAD-SKO). C. 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 designated representatives: Designated representatives: APOA. Joint City Council/Successor Agency/PFA Meeting - February 10, 2022. Page 2 of 5 PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: Griselda Price, Director of Administrative Service reported that City Hall Introduces New Human Resource/Risk Management Assistant – María Cabrera. Ms. Cabrera has been busy with updating HR/Risk Management and Covid. Also, is an asset to the City. Ms. Cabrera stated that its being a welcoming and enjoyable to work for the City. The City Council welcomed Maria Cabrera to the City family. 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 November 17; December 9;December 29; January 6; January 13; January 20; and January 27, 2022. B. Approve Resolution Authorizing City Manager to Submit Grants with California Departmentof Resources Recycling and Recovery (CalRecycle): Resolution 2022- 09. C. Approve Resolution Authorizing City Manager to Sign CALNET Next Generation Contracts for Wireless and Data Communications (Verizon): Resolution 2022-10. D. Approve Resolution Delegating Authority to the City Manager for determining IndustrialDisability Claims: Resolution 2022-11. A motion was made by Councilman/Successor Agency Member Mayor Pro Tem Ramirez to approve Consent Calendar as presented, seconded by Councilman Gravelle, and carried. RESOLUTION 2022-09: IN THE MATTER OF: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING SUBMITTAL OF APPLICATION(S)FOR ALL CALRECYCLE GRANTSFOR WHICH THE CITY OF AVENAL IS ELIGIBLE. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle, and carried. RESOLUTION 2022-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGERTO SIGN CALNET NEXT GENERATION CONTRACTS FOR WIRELESS AND DATA COMMUNICATIONS, AND ANY SUBSEQUENT SUB-AGREEMENTS AND CONTRACTS FOR TELECOMMUNICATION SERVICES FOR THE CITY OF AVENAL. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle, and carried. RESOLUTION 2022-11: A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AVENAL DELEGATING AUTHORITY TO THE CITY MANAGER FOR DETERMINING INDUSTRIAL DISABILITY CLAIMS. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Ramirez, Gravelle, Hernandez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Consider Request from City of Coalinga to Transfer Surplus Water Allocation: Antony Lopez, City Manager reported that on January 26, 2022, Sean Brewer, Assistant City Manager for the City of Coalinga reached outto City Staff in inquire about the City’s water allocation for the 2021-2022 water year, which ends on February 28, 2022. Like last year, Coalinga is running on a water deficit, and would like to end the water year as close to zero as possible, so to not have a negative balance carry over into the new water year and reduce their possible total allotment. Currently, City of Coalinga indicates they are at a negative ~300-acre feet of water allocation for this water year. As of February 6, 2022, the City has utilized 2,203-acre feet of water out of a total allocation of 2,480-acre feet – or 277-acre feet remaining. On average, we are utilizing 6.9-acre feet a day, with 22 days remaining, Staff anticipates needing 152-acre feet through the end of the water year,leaving ~125-acre feet remaining. He continues that the City Manager spoke to Erma Leal, Specialist at USBR, to discuss what would be needed to do such a transfer. She indicated that the City would simply have to send out an email requesting that any additional water the City does not utilize, be transferred over to City of Coalinga to help their allocation numbers. Staff did ask USBR if there was any possibility of the City Joint City Council/Successor Agency/PFA Meeting - February 10, 2022. Page 3 of 5 reserving or saving this extra water for the next water year, which the response was – no. The City’s surface water contract with USBR stipulates that water allocations are “use it or lose it.”Not having a place to store the water, passing along any excess water to City of Coalinga is a good gesture to the City’s neighbor. Staff recommend By Motion, Authorize the City Manager to send an email to the USBR indicating that the City would like to transfer any excess unused water allocation for the 2021-2022 water year, over to the City of Coalinga. A motion was made by Councilman Verdugo to authorize the City Manager to send an email to the USBR indicating that the City would like to transfer any excess unused water allocation for the 2021-2022 water year, over to the City of Coalinga, seconded by Councilman Gravelle, and caried. Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Antony Lopez, City Manager would like to request to move Activities Report up due to Mrs. Verdugo has an appointment. The City Council was in consensus to move item up. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: A. Activity Reports: 1. Recreation Department Activity Report: Shelia Verdugo, Community Activities Supervisor. Sheila Verdugo, Community Activities Supervisor reported the following: 1) Feb. 5th - Winter Flea Market; 2) Feb. 11th -Dinner Date – Dinner Date Night – February 11th - Tickets on sale. $40.00 per couple – Includes dinner, popcorn, soda, and candy; 3) March 19th – Concert in the park inviting vendors & 6-churches. Also, combined Baked Potato Feed and if not, it will be March 23rd at Veterans Hall from 5:30-7:00 PM dine in/take out; 4) continued Community Garden meeting; 5) 2022 event calendar attached; 6) Recreation Commission meeting; 7) available programs: Zumba Strong (559) 836-3322, F.I.T. to Succeed (559) 589-3150 – Follow on Facebook @fittosucceedavenal and Karate (559) 309-3509 - Follow on Facebook @DaysKarateSchool. 2. 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; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance. 3. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Internet Access; 2) Phone System; 3) Server; 4) City Clerk software; and 5) Others: Staff repaired the laminator for Community Activities usage and continues to provide tech support across all facilities. B. Special Presentations/Reports: 1) Presentation by Avenal Police Department: New Surveillance Cameras: Sargent Kevin Carr reported the following: 1) new surveillance cameras on Kings St. and Skyline Blvd. this on Business District to keep business owners and community safe. Mayor Preciado announced a brief 5-minute recess at 7:16 p.m. Mayor Preciado re-opened meeting at 7:21 p.m. PUBLIC HEARING(s): A. None. OLD BUSINESS: 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 Joint City Council/Successor Agency/PFA Meeting - February 10, 2022. Page 4 of 5 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 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 by Councilman Verdugo, and carried. Roll Call Vote: AYES: Gravelle, Verdugo, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Maria Ortiz, City Clerk reported that she is glad to be back. The City Council welcomed Ms. Ortiz. Councilman Gravelle reported the following: 1) future agenda items - chickens, Code Enforcement/Animal Control need to be under Police Department for better funding/grants and bring back Chat with Council. Mayor Pro Tem Ramirez reported the following: thanked City Staff for install surveillance cameras for the safety of our community. Councilman Verdugo reported the following: 1) Flea Market went great and thanked staff and residents. Joint City Council/Successor Agency/PFA Meeting - February 10, 2022. Page 5 of 5 Antony Lopez, City Manager stated the following: 1) Rate Study there will be some increases rate increase. Dan Bergman, Consultant will be coming on March 24th preparing his presentation. The Prop 218 process will be an initial presentation April 28th would be a support notice if council decides to move forward with what's been presented a rate hearing on June 26th having it be effective by July 1st for the fiscal year. Staff will have new rates ready to discuss about why the need to raise rate. Also, been discussing something that they happen at the last study was looking at what projects are needed with the Water and Wastewater system and how to support those with these rates and having tangible projects that need to happen within the five years. The city needs to start upgrading a lot of their system and maintenance; 2) City Managers Conference - he enjoyed it, learned a lot a lot of good networking. Also, modernizing the Council City relationship with the community. The social media is becoming obviously a big thing and how cities manage it. how elected officials manage it for communities like ours. It is happening all over communities are losing their newspapers and cites can notice hearings. Staff is going on that direction and would like another Facebook account for like Public Works and have important notices like water shutoffs or leaks; and 3) Alicia Ramirez, Assemblyman Rudy Salas Office has a connection with SoCalGas and they're hoping to do some projects in Avenal to put SoCalGas name on it and get some attention. Mr. Lopez has a list shade canopies at our playgrounds, splash pad and other projects. Mayor Preciado mentioned that SoCalGas has small, medium, and large projects that they’re looking at and willing to come to Avenal. The City Council suggested streetlight, electronic signs, and surveillance cameras. Mayor Preciado reported the following: 1) Thanked City Staff and community all they do and stay safe from Covid. Mayor Preciado announced a brief recess at 7:53 p.m. re-opened meeting at 7:57 p.m. Mayor announced adding an emergency as follows: Item 3. 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: 2. City Attorney Moses Diaz, states that this item was brought to the City Council before the Agenda was posted and it is time sensitive matter. The Council went into Closed Session at 8:00 p.m. Mayor Preciado re-opened the meeting at 8:21 with nothing to report. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 8:21 p.m. Respectfully submitted, Maria Ortiz, City Clerk