City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 3. – A. CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING AUTHORITY THURSDAY, MAY 12, 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, Gravelle Preciado, Casida. Council Members Absent: Woolley. PLEDGE OF ALLEGIANCE: Led 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 April 28, 2016: B. City Warrants and Financial Statement for April: A motion to approve the Consent Calendar was made by Councilman /Successor Agency/Housing Authority Member Ovalle and seconded by Mayor Pro Tem Preciado/Successor Agency/ Housing Authority Ovalle and carried. Roll Call Vote: AYES: Ovalle, Preciado, Gravelle, Casida. NOES: None. ABSENT: Woolley. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Presentation of Mayor and City Council’s Citation Award Ronald Brumley: Mayor Casida presented Mayor and City Council’s Citation Award to Ronald Brumley B. Presentation of Mayor and City Council’s Citation NRG Energy: Mayor Casida. NRG was not present to receive their award. C. Schedule Tour of Waste Water & Water Treatment Plants: Ronald Brumley, Utilities Supervisors would like the City Council to tour the Waste Water & Water Treatment Plants. It will allow the City Council to understand the condition of the facilities and plant equipment and allow the City Council to ask questions regarding current issues. The following dates are available as follows: Joint City Council/Successor Agency/Authority Meeting May 12, 2016 Page 2 of 5 Tuesday, May 17 5:00 p.m. – 7:00 p.m. Tuesday, May 18 5:00 p.m. – 7:00 p.m. Tuesday, May 19 5:00 p.m. – 7:00 p.m. The City Council agreed on Tuesday, May 19, 2016; 5:00 p.m. – 7:00 p.m. A motion made by Councilman Gravelle to tour the Waste Water & Water Treatment Plants on Tuesday, May 19, 2016; 5:00 p.m. – 7:00 p.m. and seconded by Councilman Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Preciado, Casida. NOES: None. ABSENT: Woolley. ABSTAIN: None. D. Consider Request for Letter of Support for Assembly Bill 2630 (San Joaquin Valley Clean Energy & Jobs Act) from Assemblyman Rudy Salas: Mayor Casida announced that this item before the City Council was a request for Letter of Support for Assembly Bill 2630 (San Joaquin Valley Clean Energy & Jobs Act) from Assemblyman Rudy Salas. He asked if the City Council would like to support for Assembly Bill 2630 (San Joaquin Valley Clean Energy & Jobs Act) from Assemblyman Rudy Salas. Melissa Whitten, City Manager reported that no further information was provided. Mayor Casida announced that it just a letter of support and what Rudy Salas is trying to do is for the betterment of the masses. After a brief discussion, a motion made by Councilman Ovalle to write a letter of support for Assembly Bill 2630 (San Joaquin Valley Clean Energy & Jobs Act) and seconded by Mayor Pro Tem Preciado and carried. Roll Call Vote: AYES: Ovalle, Preciado, Gravelle, Casida. NOES: None. ABSENT: Woolley. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Jeanine Tillotson stated her concerns regarding the Avenal Theater; she has been involved since the beginning and would like the City to do everything they can to keep it open. Robert Gale, from South Lake Tahoe commented on the following: 1) he is the project manager for the Solar Project on the Westside of Hwy 33; and, 2) he extended an open invitation to the City Council for a tour of the project. 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 Preciado wanted to “thank Public Works for taking care of the water leaks.” Mayor Casida commented that they had a CRT meeting at the Avenal Police Department and noticed how well the buffalo-grass is looking. Also, suggested it can be used in the landscaping along SR 269. B. Special Presentations/Requests: Joint City Council/Successor Agency/Authority Meeting May 12, 2016 Page 3 of 5 1) None. PUBLIC HEARING(s): 1) None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on February 27, 2014: Mayor Casida announced that next Tuesday, a Water Allocation Town Hall meeting would be held at the Recreation Center; 5:30 p.m. -7:00 p.m. everyone is invited. Melissa Whitten, City Manager mentioned that it is being sponsored by Supervisor, Richard Valle. David Murillo, Pacific Regional Director for United States Bureau of Reclamation will be in attendance. She apologized and will not be in attendance. Mayor Pro Tem Preciado mentioned that Craig Peterson, County Supervisor; will be in attendance and will represents Kings County Joint Powers Authority Fresno and they want the Central Valley to receive more water. Staff is requesting by motion, to approve the ongoing Local Emergency Declaration and drought conditions as they continue to exist; therefore, Staff recommends that the Local Emergency Declaration be renewed/extended for 14 days and reviewed again at the May 26, 2016 City Council meeting. After a brief discussion, a motion made by Councilman Gravelle to approve ongoing Local Emergency Declaration be renewed/extended for 14 days and reviewed again at the May 26, 2016 City Council meeting and seconded by Councilman Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Preciado, Casida. NOES: None. ABSENT: Woolley. ABSTAIN: None. NEW BUSINESS: A. Consider Adopting Resolution Consenting to the Inclusion of Properties within the City’s Jurisdiction in the California Hero Program to Finance Distributed Generation Renewable Energy Source, Energy and Water Efficiency Improvements and Electrical Vehicles Charging Infrastructure and Approving an Amendment to a Certain Joint Powers Agreement Related Thereto: Ms. Whitten reported that Ms. Eve Perez, Public Relations Representative for the Hero Program attended the City Council meeting two (2) weeks ago. Ms. Perez wanted to know if she needed to be present, but Ms. Whitten stated “I think we’re good”, Ms. Perez provided the Staff report through the Hero Program. The Assembly Bill (AB) 811 was signed into law on July 21, 2008 and AB 474, effective January 1, 2010, amended Chapter 29 of Part 3 Division 7 of the Street & Highway Code of the State of California (“Chapter 29”) and authorize a legislative body to designate an area within which authorized public officials and free and willing property owners mat entre into voluntary contractual assessments to finance the installation of distrusted generation renewable energy source, energy efficiency, and/or water conservation improvements that are permanently fixed to real property, as specified. The financing for these improvements has come to be known as PACE, which stands for Property Assessment Clean Energy. She continued that the Western Riverside Council of Governments, basically started this program and different entities came together with a Joint Powers Agreement to provide this program to willing property owners without forcing it on anyone. The Hero Program had been approved in many jurisdictions within Kings County. She mentioned it has been approved in the Cities of Corcoran and Lemoore. It is very similar to the program that was approved by Council several months ago presented by Ygrene. Joint City Council/Successor Agency/Authority Meeting May 12, 2016 Page 4 of 5 Staff recommends that the City Council adopt Resolution approving an Amendment to the WRCOG Joints Powers Agreement to add the City as an Associate Member in order to authorize the City’s participation in the California Hero Program, which will enable property owners to finance permanently fixed renewable energy, energy and water efficiency improvements and electric vehicle charging infrastructure on their properties. Mayor Casida mentioned that a Study Session was held at the last City Council meeting and requested to be put on the agenda for tonight. He was sure that Michael Farley, City of Avenal Legal Counsel has looked it over, because he is also the Legal Counsel for the City of Corcoran and they have adopted the Hero Program. Mayor Pro Tem Preciado mention that the Hero program is a proven successful program in other cities and will be a benefit to Avenal. Ms. Whitten clarified that on the Resolution she added the number seven (7) the City Council does, hereby, authorize the City Manager to sign and execute all documents on behalf of the City of Avenal. After a brief discussion the following action was taken. RESOLUTION 2016-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCE, ENERGY AND WATER EFFICINECY IMPROVEMENTS AND ELECTRC VEHICLES CHARGING INFASTRUCTURE AND APPROVING THE AMEDMENT TO CERTAIN JOINT POWERS AGREEMENT RELATED THERETO was adopted on a motion by Councilman Gravelle and seconded by Mayor Pro Tem Preciado and carried. Roll Call Vote: AYES: Gravelle, Preciado, Ovalle, Casida. NOES: None. ABSENT: Woolley. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Gravelle commented on the following: 1) Farmers Market went very well and looking for next one. Mayor Pro Tem Preciado commented on the following: 1) Old Timers activities at the park were many but enjoyed them all and so did the community; 2) Sunday, toured to Tar Canyon it was very nice it was like going to a different world and it has historical value to the community; 3) CRT meeting – received training on using the cb-radio; 4) JPA meeting Fresno Irrigation District Office, 9:00 a.m.; and, 5) invited the community next Tuesday, Recreation Center at 5:30. He received a call from Richard Valle they would really like to see that room full of concerned residents regarding drought issues how it has effected people. Mayor Casida commented on the following: 1) Old Timers day was successful and if you have not been to the tours provided up to Tar Canyon and First Discovery Well need to do it’s something you will remember; 2) Pistachio Festival second week of October centered around Kings Street and business from Skyline/Kings; 3) Jose Ramirez boxing match at the Palace on July 9th , three (3) dollars for each ticket will be going to the JPA and Jose is fighting for water since his family are farm labor workers; and, 4) he heard that the Farmers Market was a great success. He mentioned that his wife had been after him for two years to take her to the coast for Mother’s Day and he did it that day very nice and clear at the coast. Melissa Whitten, City Manager commented on the following: 1) attended the Farmers Market and commend everyone involved they did an excellent job of promoting, organizing and had fun; 2) Old Timers Day, took advantage of the breakfast with grandchildren it was great and the tours were wonderful; 3) Animal Control Clinic, Wednesday, May 18, 2106 at Rice Park 5:30-7:30 p.m.; and, 4) Tire Amnesty & E-waste May 25th – May 28th 8:00 a.m. – 2:00 p.m. it will be at Mid-Valley Disposal Yard on South Fourth. City Council continued Closed Session to the next City Council meeting 6:50 p.m. A. PENDING LITIGATION (Government Code § 54956.9). Joint City Council/Successor Agency/Authority Meeting May 12, 2016 Page 5 of 5 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: 2. 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: 038-260-049. Negotiator(s): City Manager and City Attorney. Party with whom negotiating: City of Avenal. Instructions to negotiator concerning: Terms. Property Description: APN: 040-175-027 & 040-175-028. Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Reel Time Entertainment. Instructions to negotiator concerning: Terms. C. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6). It is the intention of this governing body to meet in closed-session to review its position and to instruct its designated representatives: Agency Designated Representatives: City Manager and City Attorney. Employee Organization(s): Employee Bargaining Units/APOA. D. PERSONNEL (Government Code § 54957(b)). It is the intention of this governing body to meet in closed-session to: 1) Personnel Benefits. E. 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 Avenal City Council reopened meeting at 7:45 p.m. There being no further business before the City Council, the meeting adjourned at 7:45 p.m. Respectfully submitted, Maria Ortiz, City Clerk