City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING THURSDAY, MARCH 24, 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 5:20 p.m. PELAGE OF ALLEGIANCE: by Mayor Preciado. ROLL CALL Councilman Louis Gravelle; Councilman Ricardo Verdugo, Councilman Pablo Hernandez Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Yang, Brumley, Tapia, Davis. 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 5:23 p.m. Veronica Aguirre stated that she has exciting news bring 50-trees to Avenal and will be at the park distributing trees. Also, flyers are available for this event. The City Council went into Close Session at 5:23 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 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: 2. B. Personnel (Government Code § 54957 (b)). It is the intention of this governing body to meet in closed session to: Hear complaints or charges against public employees. C. Personnel (Government Code § 54957 (b)). Consider public employee performance evaluation for the position of: -City Manager Noted: Antony Lopez, City Manager excused himself from Close Session and joined meeting when re-opened. Mayor Preciado re- opened the City Council meeting at 6:45 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: No public comments were offered. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action). A. Consider City of Avenal/Successor Agency's Approval of Minutes for March 10, 2022. Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 2 of 10 A motion made by Councilman/Successor Agency Member Gravelle, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Review and Discuss Council Ethics & Values: Antony V. López, City Manager (Informational) Antony Lopez, City Manager went over the City Council Ethic & Values. Staff was directed to introduce Council Norms for use during public meetings to help improve the efficiency and effectiveness of the public's time. The draft Council Norms (Attachment A) introduced at the February 25, 2021, Council Meeting, but not formally adopted. Subsequently, the City Clerk noted that a set of Ethics & Values, as well as Principle, Norms, Standards and Best Practices "Council of Trust," were originally adopted by Resolutions in 2013 (Attachments B & C). As the Council continues to progress and modernize practices, such as digital agendas and virtual meetings, it may be time to fully review and revise the current norms and practices to meet current needs. Staff is seeking direction from Council regarding the currently adopted norms, potential to add or revise the adopted practices, and the need to host another goal setting workshop which could be staff led or with assistance from a third party. It is the City Council Consensus to do a study session and discuss changes at that time. B. Consider Partnership Request with Valley Voices for Candidates' Night Mr. Lopez reported that Ruth Lopez, Executive Director of Valley Voices approached him regarding the city's interests on availability of a city facility to hosting a makeshift candidates’ night. The idea was to have candidates from Kings County come to Avenal that are running like District Attorney, Supervisors in our districts since Avenal is a neutral site. Also, we do not have anyone in our district running this year but you know we have been very initiative-taking in trying to get more information to our community Valley Voices as so they like to rent the Pegasus room and would like assistance from staff to have the interpretation available, help with the stream, and help with the setup. Ruth can give more details on that request. Ruth Lopez Executive Director Valley Voices worked with the City of Avenal and School District hosts various vaccine clinics. Valley Voices is a nonpartisan organization. So, we cannot enforce any political candidate or any political position. She thought that this would be another wonderful way to partner with the city to host candidates and who will affect our analysis people. The City of Avenal added infrastructure tech wise so even if they do not attend in person they can listen virtually. She hopes that candidates take this seriously. Also, make the tracks to Avenal is there going to represent us they should be able to reach all sectors of our communities no matter the distance. The week the first week of May. Mr. Lopez commented that the city did work with Valley Voices on the redistricting. Also, Rotary agreed to work and collaborate with Valley Voices on this because it seems in the past Rotary used to do candidates night. Rotary jumped at the opportunity to be part of it and our role would be to assist with staff time and Valley Voices would end up renting out the Theater and having that set up. After a brief, discussion The City Council was in consensus to collaborate with Valley Voices for candidate night at the Avenal Theater. Antony Lopez, City Manager requested to move up New Business Item B. to Mayor & Council Member/Successor Agency Items for Consideration Item C. The City Council was in censuses to move up Item B. due to Mr. Dan Bergman, IGS Services has a 3-hour drive home. C. Initial Presentation on Water and Wastewater Rates Study for Fiscal Years 2023 - 2027 in Preparation for Proposition 218 Process: Dan Bergman, IG Services. Dan Bergman, IG Services reported the following: 1) thanked the City Council for moving his item up due to a three-hour drive; 2) he provided a detailed explanation of the Water and Wastewater Rates Study for Fiscal Years 2023 – 2027 and will provide an overview with the same slides; 3) the cost-of-service rate study; 4) study approach, Conclusion – Water; 5) Conclusion – Water; 6) Water cost of service adjustment Enterprises – Single Family Increase 14% per month or about $7; 7) Sewer Enterprises – revenue increase 3% per year, PG&E increase 10% per year, and the solar projects happen (85% of needs), same as 1, except PG&E increase 22% per year, and PG&E; 8) Sewer cost of service adjustment Single family up from 15.47 to 26.40, about $11/mo. Multi-Family: same as single-family, Commercial: less than 4000gal/mo pays same as residential more than 4,000 pays 3x the single family rate, School: increase from $500 per month to $1,900 per month & Prison 22% decrease; 9) Conclusion – Fund balances are relatively Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 3 of 10 health, Debt burden is reasonable, water only, Water rates must increase, Sewer rate should be increased, PG&E is getting very expensive: Solar matters, Cost of service adjustments have significate impacts and don’t forget the need for projects: Preserve cash, if subsequent increase not needed, city council may suspend them without notice; 10) Next steps: Discussion, question, Council and Public comments, Change based on City Council input, revisit City Council in 4-6 weeks with final rates asking for authorization to issue rate increase notice all customers, issue notice wait 45-days, rate hearing, implement rates. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS: 1. Activity Reports: 1. Community & Economic Development Activity Report: Kao Nou Yang, Community & Economic Development Director. Kao Nou Yang, Community & Economic Development Director reported the following: 1) Site Plan Reviews Zoning Permits -Home Occupation Permit No. 22-01 under review and working on Decision Letter, Site Plan Review No., 22-01 is currently under review and out for consultation with regulatory agencies; 2) Avenal Community Sports and Recreation Center -. PG&E has been contacted for electrical connection. We are getting closer to finishing the bid package for construction on phase 2, City staff is looking into its funding sources to see if bidding can start sooner rather than later. The city is still continuously looking into more funding opportunities to continue construction work; 3) Tentative Tract Map No. 21-01 - City Staff is in process of reviewing the revised Admin Draft IS/MND: 4) Long Range Planning: Zoning, Subdivision and Building Ordinance - a workable agreement has been accepted by both parties, working on the revised Comprehensive update to the zoning and subdivision ordinance shall tentatively begin on April 1. Staff is very eager and excited for this process; 5) Building and Zoning Permits Reorganization -Community Development Staff are still working on rearranging the files and shifting to a more digitize process and get extra help on scanning documents, maps, and plans; 6) Building Division: Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY ONLINE. Also, have a QR code for the Online portal. We are slowly transition to a more digitized and electronic submissions format. If any applicant community member resident has any questions, we are happy to help answer and show you how to submit online. From January 2022 to March 2022, we had over 50 electronic submissions of Building permits and process is slow, but it is working and progressing very well; 7) Staffing- Department is working on a job Description for a in house building inspector to be added as a new position in the next fiscal year as well as a possible position for a permit technician to help facilitate the building division of the department. This is informational for Council and the public to start the interest for those new possible recruitment coming in the next fiscal year 22/23; 8) Avenal Safe Route to School ATP Cycle 4 - The City is still progressively working on the crosswalk project on Skyline Blvd.; 9) Avenal Kids Park - The City Finalized Bid Package for construction with O'Dell; 10) Prop 1 Grant (Planning Grant) 18in Transmission Line - City Staff is working on disbursements for work already performed to close out the planning grant and City Public Works will start working with the Construction Grant of Prop 1 Grant; 11) Economic Development: CrisCom Updates; 12) Grants: Utilities and Mortgage Assistance Program workshop with Self Help: Dates Scheduled at the Avenal Technology Center from 5:00 PM to 7:00 PM April 20, 2022 - May 18,2022 - June 15, 2022. Renee Misaki & John Basmajian work for CrisCom updated on the following: 1) Community center additional funds; 2) water issues shoes through the water storage and from restoration; 3) they provided and dated Sacramento legislative report to the City Manager; 4) keeping watch on the upcoming election; 5) working on grants looking at opportunities and availability; 6) approved grant for $5,000 - UC Davis for spay and neutering for the animal shelter worked with Luis Gonzalez, Senior Animal Control Officer; and 7) keeping up with other opportunities for City of Avenal many companies would like to come to Avenal and looking for property; 8) There creating a flyer for Avenal putting Avenal on the map; 9) May 22nd to the 24th is the ICSE, which is the International Shopping Center Convention that's in Las Vegas so our firm is going to represent Avenal and passing out information with their QR code to go website. 2. Police Department Activity Report: David Tapia, (Interim) Police Captain. David Tapia, (Interim) Police Captain reported the following: 1) Investigations - 100 block of Fresno Street and arrested a female for domestic violence, 500 block of N. Fifth Avenue for being under the influence of methamphetamine and booked at Kings County Jail (KCJ), 600 block of N. Fifth Avenue for a physical fight in progress and ultimately arrested for domestic violence, false imprisonment, and conspiracy, 600 block of N. Fifth Avenue and arrested a male for being under the influence of methamphetamine; he was booked at Kings County Jail (KCJ), and 1000 block of Fresno St, for a possible rape case and suspect was booked at KCJ; 2) Avenal State Prison (APD) regarding an employee who had made threats to kill President Joe Biden, Vice President Kamala Harris, and Governor Gavin Newsom. Due to the threats, a multi-agency investigation was conducted, and the employee was located, and placed on a W & I 51/50 holds; nothing further occurred, and CHP and the US Secret Service were contacted; 3) Kings County Deputy located a stolen vehicle in our city and a pursuit ensued. APD assisted and after the pursuit came to an end, a male was taken into custody and no officers were injured. During the pursuit, an APD unit was crashed and is currently being repaired; 4) shooting occurred in the north end of town. A vehicle was struck approximately five times, and no injuries resulted from this incident. The investigation is ongoing, and investigators are still working on the case; 5) Senior Officer Tyler Stryd assisted Lemoore Police Department (LPD) with a canine assist in Huron. Two suspects were arrested, and the other suspect was identified. This was an agency assist only; 6) Officer Jimenez conducted a traffic stop and arrested a male for being under the influence of drugs. During the investigation, Officer Jimenez located a stolen gun, three magazines and approximately four grams of methamphetamine; 7) Community Oriented Policing: Officer Hernandez is coaching the Avenal High School Baseball team and coached a game in town. This is a great way for our officers to engage with our community, Captain Carr and Officer Risk read to kids at school, Officer Shoemake handed out police stickers to kids in town while on his patrol shift, and Officers Jimenez and Risk were awarded the Avenal Police Department (APD) Officers of the year. They are very bright and promising officers who do great work for our community! and 8) Officer Training: Investigator Prieto attended Narcotics Training in Fresno, which will help with drug-related investigations in our city (80-hour course). Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 4 of 10 B. Special Presentations/Reports: 1) Avenal Landfill Quarterly Report: George Anderson, Site Manager. Mr. Anderson had an emergency did not present report and apologized. 2) MidValley Disposal Quarterly Report: Laurie Zaninovich, Recycling Programs Manager Isaac Kulikoff, District Manager at Mid Valley Disposal reported the following: 1) Disposal Numbers: Refuse – 1,132.14 Tons – 2,264,280 Lbs., Organics: 275.76 Tons – 551,520Lbs, Recycling: 210.93 Tons – 421,860 Lbs.; 2) Events: Farmers Market, Pistachio Fest, High School Food Drive, Operation Gobble; 3) SB 1383 Preparation. Mr. Lopez would like if the City Council move-up Item 10. A. to Special Presentation/Reports item 3). The City Council was in consensus to move Item 10. A. to Special Presentation/Reports item 3). A. Review TTHM Letter Noncompliance (Informational): Ronald Brumley, Utilities Supervisor. Ronald Brumley, Utilities Supervisor reported that on March 14, 2022, a compliance order from the State Water Resource Control Board (SWRCB) was received. Compliance order NO. 03_12_22R_001 is for a violation of the maximum contaminant level (MCL) for Total Trihalomethanes (TTHM). The Local Running Annual Average (LRAA) MCL for TTHM is 80 ug/L one of our four sites (1 Kings Way) has exceeded the limit with a LRAA of 84.0 ug/L. Utilities staff is aware of the issue and is working on solutions. Currently we have limited options available to resolve the issue but will do our best to get back into compliance within the next 6 months. Staff will be exploring alternative treatment options to increase our ability to treat for TTHM in the future. Which will include treatment technique options such as aeration or enhanced coagulation. We will work with an engineering firm (not yet selected) to help find the best solution for our situation. The following are some of the directives from the order which Staff is working diligently to complete and adhere to: 1. By March 14, 2025, comply with CCR, Title 22, Section 64533. 2. By April 10, 2022, notify all persons served by the Water System of the violation of CCR, Title 22, Section 64533, in conformance with CCR Title 22, Sections 64463.4 and 64465. Public notification to the persons served by the Water System shall continue quarterly until the State Water Board determines that the Water System complies with CCR, Title 22, Section 64533. 3. Prepare for State Water Board approval, a Corrective Action Plan, identifying improvements to the water system designed to correct the water quality problems identified as an exceedance of the TTHM MCL and ensure that the Water System delivers water to consumers that meets primary drinking water standards. The plan shall include a time schedule for completion of each of the phases of the project such as design, construction, and startup, and a date as of which the Water System will be in compliance with the TTHM MCL, which date must be no later than March 14, 2025. 4. By May 20, 2022, submit and present a Corrective Action Plan to the State Water Board's office either via a virtual meeting, or in person located at 265 W. Bullard Avenue, Suite 101, Fresno, CA 93704 5. By July 10, 2022, and every three months thereafter, submit a report to the State Water Board in the form provided as Appendix 3 showing actions taken during the previous quarter (calendar three months) to comply with the Corrective Action Plan. 6. By March 14, 2025, demonstrate to the State Water Board that the water delivered by the Water System complies with the TTHM MCL As part of the order, Staff has prepared the following draft notice to send to all the water customers of the city. This draft adheres to the guidelines provided by the Water Board, and Staff awaits approval to send out this letter as soon as possible (Attachments A & B). Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 5 of 10 Attachment A 919 Skyline Blvd. DRAFT Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER (The following two sentences are in Spanish relaying information on the importance of this notice. Translated to English it would read as follows. [This notice contains important information regarding your drinking water, please read the Spanish notice if it is included. If the Spanish notice is not included, please contact the water system and ask for a copy.) Este aviso contiene información muy importante sobre su agua potable, por favor lea el aviso en español si va aquí incluido. Si el aviso en español no va incluido aquí, contacte al sistema de agua para pedir una copia. City of Avenal has levels of Total Trihalomethanes Above Drinking Water Standards Our water system recently failed a drinking water standard. Although this is not an emergency, as our customers, you have a right to know what you should do, what happened, and what we are doing to correct this situation. We routinely monitor for the presence of drinking water contaminants. Testing results we received on 7/12/21 show that our system exceeds the standard, or maximum contaminant level (MCL), for Total Trihalomethanes. The MCL standards for Total Trihalomethanes are 80 ug/L. The average level of Total Trihalomethanes over the last year was 87.5 What should I do?  You do not need to use an alternative (e.g., bottled) water supply.  This is not an immediate risk. If it had been, you would have been notified immediately. However, some people who drink water containing trihalomethanes in excess of the MCL over many years may experience liver, kidney, or central nervous system problems, and may have an increased risk of getting cancer.  If you have other health issues concerning the consumption of this water, you may wish to consult your doctor. What happened? What was done? The current water drought emergency has caused fluctuations in the raw water quality. These fluctuations make it difficult for the water treatment plants to remove the required amount of Total Organic Carbon (TOC). Additionally, there are naturally occurring organic material found in the water from the California Aqueduct, as this material combines with our primary disinfectant (chlorine), it forms trihalomethanes. Without disinfection, the likelihood of a water customer contracting water borne illness could be serious and very high. We are working to minimize the formation of TTHM while ensuring we maintain an adequate level of disinfectant. Currently we have decreased tank levels to reduce the contact time and Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 6 of 10 919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 will also be decreasing the chlorine residuals to help reduce the formation of TTHM. The City is also taking additional steps by seeking grant funds to help modernize the water treatment process and further reduce the formation of TTHM in the future. We anticipate resolving the problem within, six months For more information, please contact; Ronald Brumley at, 559-386-0868 or at the following mailing address: 919 Skyline Blvd. Avenal, CA 93204 Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. Secondary Notification Requirements Upon receipt of notification from a person operating a public water system, the following notification must be given within 10 days [per Health and Safety Code Section 116450(g)]:  SCHOOLS: Must notify school employees, students, and parents (if the students are minors).  RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS (including nursing homes and care facilities): Must notify tenants.  BUSINESS PROPERTY OWNERS, MANAGERS, OR OPERATORS: Must notify employees of businesses located on the property. This notice is being sent to you by the City of Avenal water system. State Water System ID number: CA-1610002 Date distributed: 3-15-2022 Joint City Council/Successor Agency/PFA Meeting - February 24, 2022. Page 7 of 10 Attachment B 919 Skyline Blvd. DRAFT Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 IMPO INFORMACIÓN IMPORTANTE SOBRE SU AGUA POTABLE Este aviso contiene información muy importante sobre su agua potable, por favor léalo bien. El agua de la Ciudad de Avenal tiene niveles de Trihalometanos Totales que exceden el Estándar para Agua Potable Recientemente se determinó que nuestro sistema de agua estaba en exceso del estándar para un contaminante. Aunque esto no es una emergencia, usted como nuestro cliente, tiene el derecho de saber qué debe hacer, qué pasó, y qué estamos haciendo para corregir esta situación. Hacemos monitoreo rutinariamente para detectar la presencia de contaminantes en el agua potable. Los resultados de las pruebas que recibimos en 7/12/21 muestran que nuestro sistema de agua excede el estándar, o nivel máximo de contaminantes (MCL), para Trihalometanos Totales. El estándar o MCL para Trihalometanos Totales es de 80 microgramos por litro (ug/L). El nivel promedio de Trihalometanos Totales para el año pasado fue 87.5 ¿Qué debe hacer usted?  Usted no necesita usar agua embotellada o otra alternativa de suministro de agua.  Este no es un riesgo inmediato. Si lo hubiera sido, usted hubiera sido notificado de inmediato. No obstante, algunas personas que a lo largo de muchos años usan agua que contiene trihalometanos en exceso del nivel máximo de contaminantes (MCL), pueden experimentar problemas del hígado, del riñón, o del sistema central nervioso, y su riesgo de que les de cáncer puede aumentar.  Si tiene otros problemas de salud respecto al consumo de esta agua, tal vez usted deba consultar con su doctor. ¿Qué pasó? ¿Qué se hizo al respecto? La actual emergencia por sequía hídrica ha provocado fluctuaciones en la calidad del agua cruda. Estas fluctuaciones dificultan que las plantas de tratamiento de agua eliminen la cantidad requerida de Carbono Orgánico Total (TOC). Además, hay material orgánico natural que se encuentra en el agua del Acueducto de California, ya que este material se combina con nuestro desinfectante primario (cloro), forma trihalometanos. Sin desinfección, la probabilidad de que un cliente de agua contraiga enfermedades transmitidas por el agua podría ser grave y muy alta. Estamos trabajando para minimizar la formación de TTHM al tiempo que nos aseguramos de mantener un nivel adecuado de desinfectante. Actualmente hemos disminuido los niveles del tanque para reducir el tiempo de contacto y también disminuiremos los residuos de cloro para ayudar a reducir la formación de TTHM. La Ciudad también está tomando medidas adicionales al  919 Skyline Blvd. Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 buscar fondos de subvención para ayudar a modernizar el proceso de tratamiento de agua y reducir aún más la formación de TTHM en el futuro. Anticipamos arreglar el problema dentro de, seis meses Para más información, contacte a Ronald Brumley al 559-386-0868 o a la siguiente dirección postal: 919 Skyline Blvd. Avenal, CA 93204 Por favor comparta esta información con todas las demás personas que tomen de esta agua, especialmente aquellos que no hayan recibido este aviso directamente (por ejemplo, las personas en apartamentos, asilos, escuelas, y negocios). Puede hacerlo poniendo este aviso en un lugar público o distribuyendo copias en persona o por correo. Requisitos de Notificación Secundaria Al recibir la notificación de alguien que opere un sistema de agua público, se debe dar la siguiente notificación dentro de 10 días conforme a la Sección 116450(g) del Código de Salud y Seguridad:  ESCUELAS: Deben notificar a los empleados de la escuela, estudiantes, y a los padres (si los estudiantes son menores).  DUEÑOS O GERENTES DE PROPIEDAD PARA ALQUILER RESIDENCIAL. (incluyendo asilos e instituciones de cuidado): Deben notificar a sus inquilinos.  DUEÑOS DE PROPIEDAD DE NEGOCIOS, GERENTES, U OPERADORES. Deben notificar a los empleados de los negocios situados en la propiedad. Este aviso está siendo enviado por el sistema de agua de la Ciudad de Avenal Número de Identificación del Sistema Estatal de Agua: CA-1610002 Fecha de distribución: 3-15-2022. PUBLIC HEARING(s): A. Consider Intent to Withhold Ten (10) Percent Retention for the following projects: Seventh Avenue Street Projects (SR 269 to Highway 33); Community Building Project Whitney Street - Sewer Pipeline and Manhole Projects; and 18" Sewer Replacement Pipeline and Manhole Projects - Rob Williams, Public Works Director  Staff Report  Open Public Hearing  Discussion/Action: Approval by Resolutions Rob Williams, Public Works Director reported that recently, California Public Contractors Code 7201 (b) (4) now states that "notwithstanding" any provisions of this subdivision, the retention proceeds withheld from any payment by the city from contractor may exceed 5 percent on specific projects. scheduled public hearing prior to bid that project is substantially complex and, therefore requires a higher retention amount than 5 percent and the city includes both this findings and actual retention amount in the bid amount Staff will go out for the following bids: Seventh Avenue Street Project (SR 269 to Highway 33). Community Building Project, Whitney Street - Sewer Pipeline and Manhole Projects; and 18" Sewer Replacement Pipeline and Manhole Projects. Staff recommends that 10% be withheld form payment rather than 5% allowed, therefore, the need to make a finding that 10% be withheld is justified. Mayo Preciado opened Public Hearing to Consider Intent to Withhold Ten (10) Percent Retention for the following projects: Seventh Avenue Street Projects (SR 269 to Highway 33); Community Building Project Whitney Street - Sewer Pipeline and Manhole Projects; and 18" Sewer Replacement Pipeline and Manhole Projects Staff recommends by Resolutions approve 10-precent retention for all said projects at 9:01 pm. With no comments from the public the Public Hearing was closed at 9:03 p.m. After a brief, discussion the following action was taken: Joint City Council/Successor Agency/PFA Meeting - March 24, 2022. Page 9 of 10 Resolution 2022-17: THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING THEIR INTENT AND MAKE FINDING TO WITHHOLD TEN (10) PERCENT RETENTION FOR THE FOLLOWING PROJECTS: SOUTH SEVENTH AVENUE STREET PROJECT (SR 269 TO HWY-33). A motion made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. Resolution 2022-18: THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING THEIR INTENT AND MAKE FINDING TO WITHHOLD TEN (10) PERCENT RETENTION FOR THE FOLLOWING PROJECTS: COMMUNITY BUILDING PROJECT. A motion made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. Resolution 2022-19: THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING THEIR INTENT AND MAKE FINDING TO WITHHOLD TEN (10) PERCENT RETENTION FOR WHITNEY STREET – COMMUNITY BUILDING SEWER PIPELINE AND MANHOLE PROJECTS. A motion made by Councilman Verdugo, seconded by Councilman Gravelle, and carried. Resolution 2022-20: THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING THEIR INTENT AND MAKE FINDING TO WITHHOLD TEN (10) PERCENT 18” SEWER REPLACEMENT PIPELINE AND MANHOLE PROJECTS. A motion made by Councilman Verdugo, seconded by Councilman Gravelle, and carried Roll Call Vote: AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: 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 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 Verdugo to approve as recommended, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Ramirez, Preciado. NOES: Gravelle. 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: Joint City Council/Successor Agency/PFA Meeting - March 24, 2022. Page 10 of 10 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 Hernandez, and carried. Roll Call Vote: AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: Items were moved as per Antony Lopez, City Manager and the City Council consensus. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Antony Lopez, City Manager reported: 1) street sweepers almost up and running and pickup street sweeper from Coalinga; 2) he mentioned that discussing with MidValley about the street sweeper operations going back to the original contract and MidValley had to share cost for maintenance; 3) Bids package for the 18-inch pipeline; 4) sharing a survey to the community about their thoughts and ideas regarding the School District and the City of Avenal working together on a joint Civic Center and will send that out to council. It's been on Facebook and there about 30-35 responses so far will share; 5) meeting with Superintendent Sanchez next week to have Design Committee meeting and another Joint Session with the School District and City; 6) as mention City is losing a Community Development Assistant Yante, she is leaving to another agency which it is great and happy to see her grow and excel in new positions in public service; 6) Posited accepting applicants for Community Development Assistant and tomorrow in arrears for landscaping were conducted next week will be for Public Works Maintenance positions hope to fill those positions soon; 7) interviewed at the Avenal Police Department for Sergeant positions reserves and of course we continue working on the Chief recruitment; 8) he met with other City Managers in our area Lemoore, Hanford, and sharing that there all going through the same issues staff turnover, inflation, everything costing more money stalling projects and difficulty in getting bids for some of our more larger projects; 9) attending WELL water conference April 2nd and Mayor Preciado & Mayor Pro Tem Ramirez are attending if anyone else is interested inform staff; 11) May - Spring cleanup and pet vaccination. The landfill is moving cell he was hoping George would be on so you could mention a little bit more, but they hope to move so the main work phase to another area in the middle. They anticipate doing that by April 26th conflicted with when city usually does Spring cleanup and was asked to push it one month and so felt it was fine; 12) 2019 audit is almost finalized; CrisCom mentioned city projects: for our elected officials - wireless water meters, Water Treatment Plant upgrade or address the THM issue, Community Center Phase-III lacking funds; and 13) funding for the civic building. Councilman Gravelle would like to add to the next Agenda to potentially lifting or modifying the Mask Ordinance. Mr. Lopez will provide options. The City Council went into Closed Session at 9:30 p.m. Mayor Preciado re-opened meeting at 11:30 p.m. with action to report as follows: Item 3.B. the Council voted 4-0 and with one (1) abstention by Gravelle, to authorize the City Clerk to sign a written decision reached by the Council. ADJOURNMENT: There being no further business the City Council meeting adjourned at 11:32 p.m. Respectfully submitted, Maria Ortiz, City Clerk