City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. – A. CITY OF AVENAL “Pistachio Capital of the World®” REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING MAY 26, 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 & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:21 p.m. ROLL CALL: Councilmembers: Louis Gravelle, Pablo Hernandez, Luis Gravelle, and joined meeting via zoom Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez. ABSENT: None. STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price. 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. Captain Tapia introduced Officer Gonzalez as a new Police Officer for the Avenal Police Department (APD) and is doing great. Also, he is local and will be on his on within 12-weeks. Officer Gonzalez is happy to be working for APD. The Council welcomed Officer Gonzalez to the Avenal Family. The City Council went into Closed 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 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. Mayor Preciado re-opened City Council meeting at 6:19 p.m. with nothing to report out of Closed Session. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS: Nelda Balderaz stated that the Avenal Police Department (APD) needs to invest in Mental Health for this community with mental illness, because those individuals place their trust in APD. And instead, they end up in jail cells instead of a hospital. She would like to request and ask that the Police Department please take their time and investigate these situations trusting people to consider their medical attention first before jail and patients need to trust in our professionals for justice to them 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 May 12, 2022. Council Member/Successor Agency Member Gravelle made a motion to approve Consent Calendar as presented, seconded by Council Member/Successor Agency Member Hernandez, and carried. Joint Meeting City Council/Successor Agency/PFA – May 26, 2022 Page 2 of 5 Roll Call Vote: AYES: Gravelle, Hernandez, Ramirez, Verdugo, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION: A. Status Report on Chief of Police Recruitment Process: Griselda Price, Director of Administrative Services & Antony V. López, City Manager Mr. Lopez reported that he will be brief because there are other presentations coming up. Staff continues to gather input from the community regarding the Police Chief recruitment process we've been pushing out the survey the City Council was able to see it last meeting had about 25to 30 responses. Also, individual different kind of survey form our Police Department and received good feedback. Staff has Town Hall meeting tomorrow and inviting the community to come out. His been pushing out the flyer pushing out the survey as much as possible. He went to Rotary, Veterans Hall during open hours with the seniors during and Annual Vaccination Clinic. He handed flyers to everyone and received some feedback. Staff has been compiling data and yesterday Staff had a meeting with Avenal Police Department Officers and productive meeting and tomorrow Staff will have another meeting with another half of the Police Department. Then taking the next steps in June and identifying people with first round of interviews. Also, invited everyone to tomorrow's Town Hall meeting at Avenal Theater & Event Center at 6:15 p.m. Staff will translate meeting if needed. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: Mr. Lopez asked to move up Community & Economic Development Activity Report & Special Presentations/Reports: Properties Zoned for Commercial and Industrial Uses - CrisCom and Kao Nou Yang, Community & Economic Development Director. The Council was in consensus to move up items. A. 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) Processing Zoning Land Use Applications, Land Division Applications and Current Planning; 2) Site Plan Reviews Zoning Permits –Site Plan Review No., 22-02 and 22-03; 3) Tentative Tract Map No. 21-01 Finalizing the IS/MND and preparing a Notice of Intent to Adopted the Environmental Document; 4) Long Range Planning: Zoning, Subdivision and Building Ordinance; 5) Building Division continues Building and Permit Applications- 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 FOR PERMIT ONLINE. Also, have a QR code for the Online portal. 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 April 2022, we had over 120 electronic submissions of Building permits. Process is slow but it is working and progressing very well; 6) Staffing- Department is working on a staff report to add an in-house building inspector to the personnel classification. Hopeful that the position will be added into 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. Still working on recruiting for a Community Development Assistant to help with the Permitting and the Building Systems. Recruitment will close on the first week of June. Hoping to start interviews on Second week of June and then position Start day the first week of July; 7) Economic Development: Properties Zoned for Commercial and Industrial Uses – City Staff has been given direction to look into options that will entice development on the many commercial and industrial properties that are vacant and under utilize. The Economic Team CrisCom and City Staff are reviewing these options with the City Attorney and City Manager. These options will be researched and presented to the Council with potential recommendations from City staff and then staff will rely on Council for further direction on those recommendations and /or options Grants; 8) Avenal Safe Route to School ATP Cycle 4 – The City’s consultant has submitted the package to Caltrans for review and their okay in regard to the plans and specs. We are awaiting their review; 9) Avenal Kids Park – The City will Finalized Bid Package for construction with O’Dell. All preliminary sketches and drawing have been reviewed and tentatively approve by City Staff. The draft Construction Bid package has been submitted to the city for review. The city has conducted O’Dell to move forward with project and a Final Bid Package will be coming soon; 10) Utilities, Mortgage and Rental Assistance Program workshop with Self Help Dates Scheduled at the Avenal Technology Center from 5-7PM: June 15, 2022 – July 20, 2022 - August 17, 2022 - September 21, 2022 - PM to 7:00 PM. Rene Missakian, CrisCom & Chuck Jelloian CEO reported that about a month ago and they talked about going and doing postcards and she has passed out postcards prior to your closed session. Also, gave a stack to Kao for her to have at the city. They attended Innovation Commerce Serving Communities (ICSE) went really well and able to meet with a lot of different retailers like McDonald's, Wendy's Yum and inspire brands and you know Raising Cane's Chicken Fingers and every possible restaurant or store. Also, some of the stores we are not quite big enough for a party city. We are going to put Avenal on the map and had these post cards and pictures obtained by Antony Lopez, City Manager and they are great pictures. She Joint Meeting City Council/Successor Agency/PFA – May 26, 2022 Page 3 of 5 knows a couple council members commented on the pictures and part of these pictures to we have used for an online presence. She knows when we were here last time Jason Siegen Executive Vice President Chief Operating Officer has trying to get rid of any derogatory pictures or any pictures that are not pretty about Avenal so when these developers and restaurants are looking at City of Avenal, they see how great it is. They received 540,000. 2. IT Department Activity Report: Humberto Bermudez, IT Manager. Humberto Bermudez, IT Manager reported the following: 1) Internet Access; 2) Phone System; 3) Emails; 4) Serve; And 5) assisted - Old Timer’s Day, Police Department and Kings County District Attorney’s Office for their screening of California’s Forgotten Children at the Avenal Theater & Event Center, Continues to work with KCAG to allow regular remote viewing and participation of their monthly Technical Advisory Committee and Transportation Policy Committee and KCAG Commission meetings, Scout House for printing and daily operations for the Community Activities Supervisor, Reviews documents provided by Paymentus’s technical support team to begin integration of their online customer payment system for OpenGov & continues to provide tech support across all facilities. 3. Police Department Activity Report: David Tapia, Police Captain (I). David Tapia, Police Captain (I) reported the following: 1) 4/1/22, arrest for driving while under the influence of prescribed medications; 2) 4/9/22, APD Officers arrested a male VC 10851, vehicle theft; 3) 4/9/22, APD Officers arrested a male juvenile in the area of Second Avenue and Kings Street for several violations, including VC 2800.2 (a), evading a peace officer, PC 148(a)(1), resisting arrest, VC 20002(a), hit and run traffic collision; 4) 4/15/22, Officer Voyles conducted a traffic stop in the area of Avenal Cutoff and Plymouth Avenue. A pursuit ensued and the male driver was later taken into custody for Driving Under the Influence (DUI); 5) 4/16/22, Officer Mendoza arrested a known gang member; 6) 4/18/22, APD Officers assisted the California Highway Patrol (CHP) with a call for service in the area of Highway 33 and Utica. During the course of the investigation, an AR-15 rifle was located and the female who was the victim in the case was fine; Coalinga PD is the investigating agency since it originated in their jurisdiction; 7) 4/22/22, Officer Hernandez arrested a male in the area of W. San Joaquin Street and N. “A” Avenue for driving under the influence; 8) 4/23/2022, a male was arrested at Shell Gas Station for VC 10851, vehicle theft; 9) 04/24/22, PC664/PC 187 A male was the attended target, but no one was injured; the investigation is ongoing; 10) Community Oriented Policing - On 04/14/2022, Kings County District Attorney Investigator Trejo and Investigative Assistant Pfarr came to town and hid rocks for a scavenger hunt in town. The prices for the event were gift cards from the Gallery and Circle K. On 04/14/2022, Kings County District Attorney Investigator Keith Fagundes came to the PD and placed windmills out in front for the child abuse prevention month; and 11) 12 Month Statistical Report. 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 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. Mayor Pro Tem Ramirez motioned to approve as recommended, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Hernandez, Preciado. Joint Meeting City Council/Successor Agency/PFA – May 26, 2022 Page 4 of 5 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. Mayor Pro Tem Ramirez motioned to approve as recommended, seconded by Councilman Verdugo, and carried. Roll Call Vote: AYES: Verdugo, Ramirez, Gravelle, Hernandez, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Establishing Two Summer Internship Positions within City Hall (Discussion/Action). Mr. Lopez reported that brought this up at the last council meeting and it was tabled at that time. Staff is waiting for news on the potential grant. Staff did call earlier today, but no response. He understands there is concerns regarding funding and it is an investment for our community. This would give us some assistance at City Hall by assisting on projects like scanning, social media and learn how government functions. The Council could consider approving the position just not funding it and/or funding position. He spoke to one student that's reached out and their schools could pay for internship. Councilman Verdugo motion to approve one position contingent to funding and lack of the second motion dies. Mayor Pro Tem Ramirez made a motion to approve both positions fund one and other position is contingent on funding. After a brief discussion, the following action was taken. RESOLUTION 2022-33: ESTABLISHMENT OF TWO SUMMER INTERNSHIP EMPLOYMENT POSITION WITHIN CITY HALL. Mayor Pro Tem Ramirez motioned to approve, seconded by Councilman Gravelle, and carried. Roll Call Vote: AYES: Ramirez, Gravelle, Hernandez, Preciado. NOES: Verdugo. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Construction Bids for 18'' Water Transmission Pipeline Replacement Project: Scott Davis, Public Works Supervisor reported that the bids for the 18’’Water transmission line were opened on May 18, 2022 @ 2:00 p.m., at Avenal City Hall. the project will be from Interstate 5 to Tank #3 site (approx.3.17 miles of pipeline. The City Engineer, Brian Skaggs, estimated cost of the project in the amount of $8,200,000. The 18’’Water transmission line project will be funded by State Water Resources Control Board (Prop 1 Funding ) The project is scheduled to commence as soon as all the Documents are signed, and Contractor gives city staff a scheduled and starting date . Along with this memo are the bid proposals as from the contractors. The bid results are as follows: 1. Specialty Construction Inc. $6,419,602.00 2. Sukut Construction, LLC $7,612,093.00 3. Nicholas Construction Inc. $7,622,400.00 4. Mountain Cascade, Inc. $7,782,661.00 Joint Meeting City Council/Successor Agency/PFA – May 26, 2022 Page 5 of 5 5. West Valley Construction Co. Inc. $7,998,321.00 6. Brough Construction Inc. $8,344,908.00 7. Floyd Johnson Construction $8,821,328.00 8. HPS Mechanical, Inc. $8,948,659.00 9. Clark Bros, Inc. $9,889,900.00 Staff recommends that by Resolution, authorize the City Manager: 1) to enter into an agreement with Specialty Construction Inc. for the installation 18’’ Water Transmission Line Project for a cost not to exceed $6,419,602.00; and 2) authorize the City Manager to request awarded funding from the State Water Resource Control Board (SWRCB) for the 18’’ Water Transmission Line Project. After a brief discussion, the following action was taken. All construction expenses will be reimbursable from the Prop 1 grant by the State Water Resources Control Board Funding (SWRCB). City Staff is inquiring on a bridge loan to cover contractor expenses while the city seeks reimbursement from the State. It is likely that interest costs will not be covered by the grant. After a brief, discussion the following action was taken. RESOLUTION 2022-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SPECALITY, INC. FOR 18” WATER TRANSMISSION PIPELINE REPLACMENT PROJECT. Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried. Roll Call Vote: AYES: Gravelle, Hernandez, Verdugo, Preciado, Ramirez, NOES: None. ABSENT: None. ABSTAIN: None. Mayor opened Public Time at 8:37 p.m. Susan Sinclair stated that has a complaint about the Avenal Police Officers (APD) regarding calls for services. She has called numerous times and there no response form APD. She lives with a 70-year-old lady and her son really abusive, and she calls 911 and no responses. If in order for the APD to come, do she need to get hurt. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Gravelle thanked Anna for removing mask form mannequins. Councilman Verdugo reported the following: 1) showers for homeless at Veterans Hall or obtain grant; 2) Splash pad for the park. Mr. Lopez did mention that in the works. Mayor Pro Tem Ramirez reported the following: 1) Study Session for Norms Procedures. Antony Lopez, City Manager reported the following: 1) Free Spring Cleaning this weekend 7AM -2PM at Avenal Landfill and tarp your loads. Mayor Preciado reported the following: 1) celebrating Memorial Day at Coaling Cemetery & attended various meetings. The Council went into Closed Session at 8:37 p.m. Mayor Preciado re-opened meeting at 9:16 p.m. with nothing to report. ADJOURNMENT: There being no further business the City Council meeting was adjourned at 9:16 p.m. Respectfully submitted, Maria Ortiz, City Clerk