City Council/Successor Agency/Public Finance Authority
Regular MeetingAvenal, CA · March 10, 2016
Minutes
AGENDA ITEM NO. 3. – A.
CITY OF AVENAL
JOINT MEETING OF THE AVENAL CITY COUNCIL/
SUCCESSOR AGENCY/HOUSING AUTHORITY
THURSDAY, MARCH 10, 2016; 6:00 P.M.
AVENAL THEATER
233 E. KINGS STREET; AVENAL, CA
MINUTES
CALL TO ORDER:
Mayor Casida called the meeting to order at 6:00 p.m.
Council Members Present: Ovalle, Preciado, Woolley, Gravelle Casida.
Council Members Absent: None.
PLEDGE OF ALLEGIANCE: Lead by Mayor Casida.
CITY CLERK ANNOUNCED: Government Code Section 54952.3: The members of the City Council, Successor Agency and Housing
Authority are entitled to receive a total of $150.00 each as a result of convening a meeting as the City Council, Successor Agency and Housing
Authority and, unless declined, each member will receive $150.00 (maximum aggregate of $300.00 per month per member) as a result of
convening a meeting as the City Council, Successor Agency and Housing Authority.
CONSENT CALENDAR:
All items listed under the consent calendar are considered to be routine and enacted by one motion: (Action)
A. City of Avenal/Successor Agency/Housing Authority–Approval of Minutes for February 25, 2016:
B. City Warrants and Financial Statement for February:
A motion to approve the Consent Calendar was made by Mayor Pro Tem/Successor Agency/Housing Authority Member
Preciado and seconded by Councilman/Successor Agency/ Housing Authority Ovalle and carried.
Roll Call Vote:
AYES: Preciado, Ovalle, Woolley, Gravelle Casida.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER
REPORTS/ITEMS FOR CONSIDERATION:
A. Consider an Appointment to the Avenal Planning Commission:
Fernando Santillan, Community Development Director reported that Martin Maldonado II has withdrawn his candidacy to the
Planning Commission and was never sworn into office. Staff is requesting a new appointment form Mayor Casida.
Mayor Casida is working on it but would like Staff to advertise the vacancy.
B. Commendation to Avenal Cheerleaders and Dancers for their Recent Competition Award: Mayor
Casida
Mayor Casida presented the Avenal Cheerleaders with an award of commendation for their achievements at the CIF Central
Section Cheer and Dance Competition earning First Place in Division 4 Cheer and Second Place in Division 4 Dance
Consider Resolution to Support the San Joaquin Valley Water Infrastructure Authority.
Diana Enriquez, Cheerleader Coach mentioned that she has 25 girls present and this is just a portion of the squad and thanked the
City Council.
C. Consider Resolution to Support the San Joaquin Valley Water Infrastructure Authority:
Melissa Whitten, City Manager mentioned that she attended one meeting San Joaquin Valley Water Infrastructure Authority and
she really did not understand this whole process and it helped her to understand it a little better. The five counties comprising the
central San Joaquin Valley (Merced, Madera, Fresno, Kings, and Tulare) to form a new public entity via a Joint Powers
Agreement (JPA) that would serve as the administrative entity in the implementation of the provisions of the Water Bond. This
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March 10, 2016
Page 2 of 5
new entity is known as the San Joaquin Valley Water Infrastructure Authority (SJVWIA). It will be comprised of a member
from each of the five counties, two cities, two water districts, a tribe, and an at-large member, all from within the five county
region, for a total of eleven members. Mayor Pro Tem Preciado was elected to represent the Westside. The primary role of the
SJVWIA will be to stay engaged with the implementation of the Water Bond and advocate for funding of the Temperance Flat
Dam project, as well as monitoring the process to ensure that the central San Joaquin Valley's disadvantaged communities water
quality and quantity issues are addressed. Membership will also require a $50,000 fee, which will be used as seed money, to get
the JPA operating.
She continued that at a meeting with Mayor Casida and Mayor Pro Tem Preciado, she was asked if a resolution can be drafted to
show the City’s support of the San Joaquin Valley Water Infrastructure Authority (SJVWIA) and its importance regarding water
infrastructure. The overall message is “We are five counties and will be heard”. Also, with this authority and the agenda that
they have, it will take us a long way in doing so. Staff recommends to adopt said Resolution.
Mayor Pro Tem Preciado mentioned that he went to San Jose for a conference and the formation of the San Joaquin Valley Water
Infrastructure Authority (SJVWIA) was mentioned. The next meeting will be March 11, 2016 at the Fresno Irrigation District at
9:00 a.m.
RESOLUTION 2016-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING
SUPPORT OF THE SAN JOAQUIN VALLEY WATER INFASTRUCTURE AUTHORITY AND THE VALUE IT
BRINGS TO “FIVE COUNTY” AREA AS WELL AS TO THE GREATER SAN JOAQUIN VALLEY was adopted on a
motion by Councilman Ovalle and seconded by Councilmember Woolley and carried.
Roll Call Vote:
AYES: Ovalle, Woolley, Preciado, Gravelle, Casida.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Mayor Casida announced that for information purposes there is a petition out that is contrary to what this committee is trying to
do which is to save the vote of Temperance Flat Dam project and other water savings issues. The petition needs to have 900,000
signatures and that petition is misleading as it reads like they’re really in support of water; but what it is a constitutional change
that would give Sacramento the leverage to change not only the vote but the money and allow it to be spent on high speed rail
and any other projects they so choose.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Willian Munoz, Assemblyman’s Rudy Salas Office commented on the following: 1) The Avenal sign has been installed and
trying to do a ribbon cutting but due to the rain was postponed; 2) Assemblyman Salas and the Assembly selected a new speaker,
Assembly member Anthony Rendon and he is familiar with the valley; and, 3) Assemblyman Rudy Salas has been selected as
chairman of the Business and Professions Committee.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS:
A. Activity Reports:
1) Public Works/Building/Code Enforcement/Animal Control Departments Activity
Report: Rob Williams, Public Works Director;
Rob Williams, Public Works Director, reported on the following: 1) Building Department; 2) Code Enforcement; 3) Park &
Landscape; 4) Animal Control; 5) Streets; 6) Water Distribution; 7) Waste Water; and, 8) Vehicle, Equipment & Building
Maintenance.
Mayor Pro Tem was concerned with the weeds and cracks. Mr. Williams mentioned that the winds, seeds and any water, causes
the weeds to start growing but they will be busy taking care of weeds and cracks with the crack sealer.
Mayor Pro Tem asked if there was any news from CalTrans because the patches that were in place are coming out. Mr. Williams
is waiting on CalTrans to do their engineering review and when that is final he will move forward and the patch in there stuff
unraveling it almost like a slurry mix they call it “highway mix”.
B. Special Presentations/Requests:
1) None.
PUBLIC HEARING(s):
1) None.
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March 10, 2016
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OLD BUSINESS:
A. Consider Extending Local Emergency Declared on February 27, 2014:
Ms. Whitten reports that last year at this time water used 2200 acre feet; this year as of the end of February used 1931 acre feet
which is 257 acre feet of water less than last year. The community has done phenomenal and appreciate all their efforts. The
USBR recognizes what the City of Avenal has done and they did thank us. In February the conservation 32.5% we saved in
comparison to 2013 at the same time. She did receive notification form the United State Bureau Reclamation that they are not in
the position to give us a final contracted amount for this year. She noted that USBR has provided Public Health and Safety water
at 1968 acre feet, which is consistent what was used this year 2015.
Staff is requesting by motion, to approve the ongoing Local Emergency Declaration and drought conditions continue to exist;
therefore, Staff recommends that the Local Emergency Declaration be renewed/extended for 14 days and reviewed again at the
March 24, 2016 City Council meeting.
A motion made by Mayor Pro Tem Preciado to approve ongoing Local Emergency Declaration to be renewed/extended
for 14 days and reviewed again at the March 24, 2016 City Council meeting and seconded by Councilman Ovalle and
carried.
Roll Call Vote:
AYES: Ovalle, Preciado, Woolley, Gravelle, Casida.
NOES: None.
ABSENT: None.
ABSTAIN: None.
NEW BUSINESS:
A. Consider Agreement with Wildan Financial Services to Update Utility Rate Study, Rate Design and Provide
Assistance with Proposition 218 Notice Process and Requirements:
Dawn Perkins reported that as the City Council is aware, a water rate study was completed in 2010 and will sunset June 30, 2016.
Water usage has decreased with the water conservation efforts of our citizens in light of the drought and sewer rates have seen a
very minimal increase over the past few years. Understanding the need to move forward, Staff contacted Willdan Financial
Services, the firm that has drafted the 2012 Utility Rate Studies, and discussed updating the document to meet the current and
future financial goals over the next five (5) years. It is important that the study be up-to-date in order to ensure accuracy and
provide the most current information needed for support documentation as the process continues to the Proposition 218
Notice/Hearing/Meeting.
She continued that the attached proposal includes services to update the Utility Rate Analysis, attendance at meetings and provide
assistance to meet Proposition 218 requirements at a cost not to exceed $26,500. Both Water and Sewer Departments have
budgeted funds in "Professional Services" to cover the cost of the fee (cost split: 50% Water and 50% Sewer). Also, noted new
revised Agreement in front of you on page 2 added that their minimum liability $1 Million and $2 Million for aggregate and page
5 Section XIV- Miscellaneous Provision under D, to include “Venue shall be Kings County” for the agreement to interpreted in
the laws of the State of California.
Staff recommends by Resolution, enter into agreement with Willdan for professional services as noted above.
Mayor Pro Tem Preciado would like to know the cost of the previous study. Ms. Whitten stated that is was one study spread-out
2008-2010 at a cost of $25,000.
After a brief discussion, the following action was taken:
RESOLUTION 2016-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL
APPROVING/ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF KINGS AND
CITIES OF AVENAL, CORCORAN, HANFORD, AND LEMOORE REGARDING EQUITABLE DISTRIBUTION OF
PUBLIC SAFETY TRANSACTIONS AND USE TAX REVENUES was adopted on a motion by Councilman Gravelle and
seconded by Mayor Pro Tem Preciado and carried.
Roll Call Vote:
AYES: Gravelle, Preciado, Ovalle, Woolley, Casida.
NOES: None.
ABSENT: None.
ABSTAIN: None.
B. Consider to Approve Radio Purchase for Emergency Operation Center (EOC):
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March 10, 2016
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Chief Stivers reported that the Ken Brown Public Safety Center will be updated to include an Emergency Operation Center
(EOC). The Avenal Police department will be in need of technology and equipment to outfit the center. In event of the EOC is
activated during an emergency or critical incident, communication is vital component in managing the incident. Portable radios
are critical not only for staff, but other city staff, community volunteers, and other personnel from other state entities who might
assist us. Staff has identified the need to purchase 12 Kenwood portable radios along with necessary accessories which includes
spare batteries and charging banks. In addition, one vehicle radio will be purchased to be added to a base station within EOC.
Staff researched three (3) vendors and are as follows:
Felder Communications $12,260.91
Cook’s Communications $12,579.40
Applied Technology Group $12,821.38
Staff recommends approval to purchase the Kenwood radios and accessories from Felder Communications in an amount not to
exceed 12,260.91.
After a brief discussion, the following action was taken:
A motion made by Councilmember Woolley to approve the purchase the Kenwood radios and accessories from Felder
Communications in an amount not to exceed 12,260.91 and seconded by Councilman Ovalle and carried.
Roll Call Vote:
AYES: Woolley, Ovalle, Preciado, Gravelle, Casida.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CLOSING COMMENTS:
Councilmember Woolley commented on the following: 1) Chat with Council did have someone they brought up some concerns
that we can help and other we cannot. There was one concern that was brought up it regarding pedestrians walking at night with
dark clothing and more concerning to her is people driving bicycles in black hoodies with no lights or reflectors; 2) Congratulate
Avenal Lumber made the front page National Retail Hardware Magazine and Ron got his picture on the cover.
Councilman Ovalle commented on the following: 1) attended the Well conference with Mayor Pro Tem visited a purification
treatment plant it is amazing the technology and this might help clean-up the water at the Sports complex. This plant can purify
8-million gallons per day, but you cannot drink it. The new thing is also educating the new generation on water conservation.
Mayor Pro Tem Preciado commented on the following: 1) he wanted to add that this Waste Water Treatment Plant in San Jose
receive 110-million gallons a day and out of those send 10-million gallons to the recycling plant has four process and 80-million
gallons to the ocean. Also, the City of San Diego there hoping to be dependable for recycling water. In the time he was there go
in the electric car it’s amazing to see the diversity within their city and 1.2 –million residents; 2) meeting with City Manager and
Mayor Casida at City Hall; 3) Chat with Council concerns with some streets being too dark and the community would like the
City to do something about it; 4) went to San Jose; 5) Trial Committee meeting; and 6) Finance Board meeting for the Catholic
Church moving forward on March 19th pancake breakfast, getting donations and sell 500-meals at $6.00 a plate.
Mayor Casida commented on the following: 1) would like to add correspondence at the end of the Agenda; and, 2) an Alert what
this is Senator Diane Feinstein has introduced an updated proposal to provide long and short term solutions to the State historical
water drought in California. He noted that it goes hand in hand with Prop1; Cal Chamber is the requirements that need to be
posted for staff.
Ms. Whitten commented on the following: 1) reminder Sunday morning switch t0 daylight saving time; 2) Saturday March
19th Esther Egg Hunt at Rice Park 10:00 a.m. – 2:00 p.m.; and, 3) received information from Hilary Blaire time for applications
to serve has closed and on the next agenda item consideration to support the applications that have been submitted and will go to
the San Joaquin Valley Air Pollution Control .
City Council went into Closed Session at 6:46 p.m.
CLOSED SESSION: (City/Successor Agency/Housing Authority):
A. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed-session concerning:
Joint City Council/Successor Agency/Authority Meeting
March 10, 2016
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Conference with legal counsel – Deciding whether or not basis exists for closed-session for anticipated litigation (Government
Code § 54956.9(d)(3)).
Number of potential cases is: 1.
B. PERSONNEL (Government Code § 54957(b)).
It is the intention of this governing body to meet in closed-session to:
1) Personnel Benefits.
C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957(a)).
It is the intention of this governing body to meet in Closed Session concerning the following:
Consultation with Avenal Police Department: Rusty Stivers, Chief of Police.
ADJOURNMENT.
The meeting reopened at 7:31 p.m. with no action out of Closed Session. There being no further business the City Council
meeting was adjourned at 7:31 p.m.
Respectfully submitted,
Maria Ortiz, City Clerk
Agenda
CITY OF AVENAL
JOINT MEETING OF THE AVENAL CITY COUNCIL/
SUCCESSOR AGENCY/HOUSING AUTHORITY
THURSDAY, MARCH 10, 2016; 6:00 P.M.
AVENAL THEATER
233 E. KINGS STREET; AVENAL, CA
Study Session: None.
LAST ORDINANCE: 2015-02 CITY LAST RESOLUTION: 2016-13
PFA LAST RESOLUTION: 2015-01
5:50 p.m. Break Prior to 6:00 p.m. Meeting
A G E N D A
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
CITY CLERK:
Government Code Section 54952.3: The members of the City Council, Successor Agency and Housing Authority
are entitled to receive a total of $150.00 each as a result of convening a meeting as the City Council, Successor
Agency and Housing Authority and, unless declined, each member will receive $150.00 (maximum aggregate of
$300.00 per month per member) as a result of convening a meeting as the City Council, Successor Agency and
Housing Authority.
3. CONSENT CALENDAR:
All items listed under the consent calendar are considered to be routine and enacted by one motion: (Action)
A. City of Avenal/Successor Agency/Housing Authority–Approval of Minutes for February 25,
2016: (Discussion/Action).
B. City Warrants and Financial Statement for February: (Discussion/Action)
4. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY
MEMBER REPORTS/ITEMS FOR CONSIDERATION:
A. Consider an Appointment to the Avenal Planning Commission: (Discussion/Action)
B. Commendation to Avenal Cheerleaders and Dancers for their Recent Competition Award:
Mayor Casida
C. Consider Resolution to Support the San Joaquin Valley Water Infrastructure Authority:
(Discussion/Action)
5. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Any person may directly address the Council/Agency/Authority at this time on any item on the agenda or on any other
items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency/
Housing Authority. State Law prohibits any member of the Council/Agency/Authority from commenting or taking
action on matters not on the agenda. Three (3) minutes are allowed per person.
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6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS:
A. Activity Reports:
1) Public Works/Building/Code Enforcement/Animal Control Departments Activity
Report: Rob Williams, Public Works Director;
B. Special Presentations/Requests:
1) None.
7. PUBLIC HEARING(s):
1) None.
8. OLD BUSINESS:
A. Consider Extending Local Emergency Declared on February 27, 2014:
(Discussion/Action).
9. NEW BUSINESS:
A. Consider Agreement with Wildan Financial Services to Update Utility Rate Study, Rate
Design and Provide Assistance with Proposition 218 Notice Process and Requirements:
(Discussion/Action).
B. Consider to Approve Radio Purchase for Emergency Operation Center (EOC):
(Discussion/Action).
10. CLOSING COMMENTS:
A. City Council/Successor Agency/Housing Authority:
B. City Manager/Successor Agency/Housing Authority Executive Director:
1) Announcements/Information;
C. City/Successor Agency/Housing Authority Attorney:
11. CLOSED SESSION: (City/Successor Agency/Housing Authority):
A. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed-session concerning:
Conference with legal counsel – Deciding whether or not basis exists for closed-session for
anticipated litigation (Government Code § 54956.9(d) (3)).
Number of potential cases is: 1.
-3-
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR(S) (Government Code §
54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the
purchase, sale, exchange or lease of real property by or for this local agency as follows:
Property Description: APN: 040-103-007 & 040-103-009
Negotiator(s): City Manager and City Attorney.
Party with whom negotiating: Department of Finance.
Instructions to negotiator concerning: Terms
C. PERSONNEL (Government Code § 54957(b)).
It is the intention of this governing body to meet in closed-session to:
1) Personnel Benefits.
D. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957(a)).
It is the intention of this governing body to meet in Closed Session concerning the following:
Consultation with Avenal Police Department: Rusty Stivers, Chief of Police.
12. ADJOURNMENT.
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please
contact the City Clerk’s Office (559) 386-5766. Notification 48 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title ll].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are
available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council Meeting is to be posted at the following locations: 1) City Council
Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall, 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and,
T&T Market, 801 Skyline Blvd. Avenal CA 93204 on March 4, 2015.
_______________________________//SS//
Maria Ortiz, City Clerk
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