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, JANUARY 26, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:01 p.m. Council Members Present: Woolley, Moreno, Ovalle, Preciado. Council Members Absent: Gravelle. Legal Counsel: City Attorney Jennie Barkinskaya. PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado. 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 January 12, 2016: A motion to approve the Consent Calendar was made by Councilmember/Successor Agency/Housing Authority Member Woolley and seconded by Mayor Pro Tem/Successor Agency/ Housing Authority Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Moreno, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Consider Alcohol License Application for Skyline Mini Mart located at 722 Skyline Blvd: Fernando Santillan reported that Council had requested additional information regarding existing alcohol licenses in Avenal before moving forward with a decision on Mr. Muharram’s request for approval of a Type 21 – Off Sale General license. Staff presented data from the State of California Alcoholic Beverage Control Board (ABC) website showing 13 active licenses of different types. Staff recommends that the Council take either one of two courses of action as follows: A) Adopt the attached resolution stating that the “public convenience or necessity will be served by issuance of this alcoholic beverage license” and thus approving the new license; or B) Adopt the attached resolution stating that the “public convenience or necessity will not be served by issuance of this alcoholic beverage license” and thus denying the new license. Melissa Whitten, City Manager stated that City Council’s decision does matter to ABC. Joint Meeting City Council/Successor Agency/Housing Authority January 26, 2017 Page 2 of 6 Mayor Pro Tem Ovalle needed clarification regarding “Census Tract 17.01 is over-concentrated with alcoholic beverages license according to the State of California guidelines.” Mr. Santillan noted that it is a population based formula for our Census Tract and the limit is seven (7) licenses. The City of Avenal has thirteen (13) alcohol licenses. Councilmember Woolley stated the reason for the City of Avenal’s over-concentration is because all of our stores are small and very low volume; whereas, a Type 21 – Off Sale General license in Avenal is not going to have the same volume as the Save Mart in Lemoore would have. A motion was made by Mayor Pro Tem Ovalle to adopt the attached resolution stating that the “public convenience or necessity will not be served by issuance of this alcoholic beverage license” and thus denying the new license. There was no second so the motion was denied. After a brief discussion, the following action was taken. RESOLUTION 2014-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL STATING A FINDING THAT THE PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ISSUANCE OF A TYPE 21 – OFF SALE GENERAL LICENSE TO SKYLINE MINI MART AT 722 SKYLINE BOULEVARD. A motion was made by Councilmember Woolley, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Woolley, Moreno, Preciado. NOES: Ovalle. ABSENT: Gravelle. ABSTAIN: None. B. Consider City Council Appointment of Alternate(s) for Various Committees/Commissions: Ms. Whitten reported that at the January 12th meeting, the City Council considered and approved appointments to serve as Avenal representatives on various Committee/Commissions. Council Member Woolley was appointed to serve on LAFCO, KCAPTA, and KCAG. Staff is requesting Council consider the appointment of an alternate(s) to serve, in the event the appointed representative is not available to attend meeting(s). A motion was made by Mayor Pro Tem Ovalle to appoint Mayor Preciado as alternate to LAFCO, KCAPTA, and KCAG; seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. C. Consider Letter of Support for H.R.23 - The “Gaining Responsibility On Water Act” GROW Act: Ms. Whitten stated that City of Avenal has received a request from Congressman David Valadao’s office for a Letter of Support for H.R. 23 – known as the “Gaining Responsibility On Water Act” (GROW Act) addressing the following: 1) Bay-Delta Improvement; 2) Water Reliability; 3) Expanding Infrastructure; 4) Expanding Storage; and 5) Water Rights Protection. Staff recommends the following: 1) Letter of Support for H.R. 23; 2) the Mayor to put his signature on letter; and forward to Congressman Valadao. A motion was made by Mayor Pro Tem Ovalle to authorize the following: 1) Letter of Support for H.R.23; 2) Mayor’s signature on letter; and forward to Congressman Valadao; seconded by Councilmember Woolley and carried. Joint Meeting City Council/Successor Agency/Housing Authority January 26, 2017 Page 3 of 6 Roll Call Vote: AYES: Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. Mayor Preciado stated if this is approved, it will help Temperance Flat receive Federal funding. Ms. Whitten noted the last page in the information packet allows for anyone who would like to support H.R. 23 individually to submit it to Congressman Valadao’s office. D. Consider Scheduling a Special Study Session to Discuss Operation of Theater Facility and Personnel Needs. Melissa Whitten, City Manager, reported that Staff had previously met with City Council to discuss the Theater Facility and its Personnel needs. A Special Study Session is necessary to continue the discussion of the needs of this facility and its future uses. Proposed dates for the meeting are Monday, January 30, 2017 at 4:00 p.m. or Tuesday, January 30, 2017 at 4:00 p.m. A motion was made by Councilmember Woolley to schedule Monday, January 30, 2017 at 4:00 to discuss the Theater Facility and personnel needs, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Moreno, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No comments were offered by the public. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Avenal Police Department Activity Report: Aron LaBlue, Assistant Chief of Police. Aron LaBlue, Assistant Chief of Police reported the following: 1) He reported that Chief Stivers could not be present due to attending Academy Graduation; 2) Shots fired call leads to recovery of stolen gun; 3) Pleasant Valley State Prisoner located in Avenal; 4) Christmas night DUI accident; 5) CAD Calls; 6) Monthly Statistical Report; and, 7) Coats for Kids Event was successful with 198 coats given out and he thanked Harlin and Carol Casida for all of their help. B. Special Presentations/Requests: 1) None. PUBLIC HEARING(s): 1) Consider Adoption of New and Updated Conflict of Interest Code: o Staff Report o Public Hearing o (Discussion/Action) Adopt Resolution Ms. Ortiz reported the Political Reform Act ("Act"), administered by the state Fair Political Practices Commission ("FPPC"), requires local governmental agencies to adopt a Conflict of Interest Code and update it from time-to-time to reflect changes in decision-making positions within the Agency. This includes newly added positions, deleted positions, or changes in the title or decision-making duties assigned to positions. This Joint Meeting City Council/Successor Agency/Housing Authority January 26, 2017 Page 4 of 6 also includes changes in disclosure categories for designatedpositions. As the Council is aware, the City of Avenal is adding a new Associate Planner position. This item was noticed in a timely matter, and no comments were received. Staff recommends to open a public hearing for comments and by Resolution, adopt the new and updated Conflict of Interest Code with the new Associate Planner position for the City of Avenal. Mayor Preciado opened the Public Hearing to Consider Adoption of New and Updated Conflict of Interest Code at 6:27 p.m. Mayor Preciado closed the Public Hearing with no comments from the public at 6:27 p.m. RESOLUTION NO. 2017-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ADOPTING NEW UPDATED CONFLICT OF INTEREST CODE. A motion was made by Mayor Pro Tem Ovalle, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Ovalle, Moreno, Woolley, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. OLD BUSINESS: A. Consider Extending Local Emergency Declared on February 27, 2014: Staff is requesting by motion, approval of 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 February 9, 2017 City Council meeting. A motion was made by Councilmember Woolley to approve ongoing Local Emergency Declaration to be renewed/extended for 14 days and reviewed again at the February 9, 2017 City Council meeting, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Moreno, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. NEW BUSINESS: A. Consider Successor Agency/ROPS July 1, 2017 – June 30, 2018: Dawn Perkins, CPA, Administrative Analyst, reported that the ROPS consist of the obligations of the Successor Agency for the period of July 1, 2017 through June 30, 2018. The ROPS are identical to previous ROPS. However, it is for the entire fiscal year and the debt obligations have been updated for the Fiscal Year 17/18. The ROPS are subject to approval by the Oversight Board. Once approved by the Oversight Board, copies of said resolution and ROPS will be sent to the County Auditor-Controller and the Department of Finance for approval. Staff recommends by Resolution, adoption of the Recognized Obligation Payment schedule for the period of July 1, 2017 through June 30, 2018. RESOLUTION NO. 2017-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL (SUCCESSOR AGENCY) APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) PURSUANT TO AB X126. A motion was made by Councilmember Woolley, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Moreno, Preciado. NOES: None. Joint Meeting City Council/Successor Agency/Housing Authority January 26, 2017 Page 5 of 6 ABSENT: Gravelle. ABSTAIN: None. B. Consider Sale of Surplus Equipment through the Public Surpluses Website: Mrs. Perkins reported that City Council previously approved the sale of surplus equipment. However, not all equipment sold through the sealed bid auction at the City in September. In order to sell the remaining items, Staff is recommending that the surplus items be listed for sale “as is with no warranties or smog” through Public Surplus Online Auctions. The Mayor asked if the community can still bid on the equipment. Ms. Whitten stated the equipment may be bid on through the online auction directly and everyone will have an equal chance. After a brief discussion, a motion was made by Mayor Pro Tem Ovalle to approve that the surplus items be listed for sale “as is with no warranties or smog” through Public Surplus Online Auctions, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Ovalle, Moreno, Woolley, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Woolley commented the following: 1) she attended her first meeting with KCAPTA/KCAG and the Abandoned Vehicles Abatement. She heard more acronyms than she had ever heard before. She mentioned that she needed to learn more about roads. She did not realize that when you get appointed to a committee, you then get appointed to another committee meeting. Councilmember Moreno commented on the following: 1) she is happy to see the planning before the meetings, and 2) everyone working together for the community. Mayor Pro Tem Ovalle commented on the following: 1) the Study Session where Ms. Vallejo came to give the Council information about the use of Tobacco and Alcohol; as per Ms. Vallejo’s report Kings County has the highest use of tobacco and alcohol in this area. He wanted to congratulate the two students who went around town to bring awareness to the store owners and asked that advertising for tobacco & alcohol be minimized; 2) he attended the Valley Innovative Energy Watch (VIEW), luncheon with his wife, Fernando and Councilmember Woolley. It was a very nice program. He said when a city participates, it is able to save on the usage of energy. They give rankings to those who participate: silver, gold and platinum. He encouraged the City to do the same. Ms. Ortiz commented on the following: 1) the 700-forms will be brought to the next meeting. Mayor Preciado commented on the following: 1) he attended a meeting in Fresno regarding the JPA. They are trying to move forward with the process. Melissa is part of the Advisory Committee. Jose Ramirez also attended the meeting and promoted Avenal; 2) he attended a Rotary Club meeting. It was well attended. PUMA meetings will now be under the umbrella of Rotary; and, 3) he has an upcoming water meeting in Fresno and will update Council at the next meeting. City Council went into Closed Session at 6:44 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: Conference with legal counsel – Deciding whether or not basis exists for closed-session for anticipated litigation (Government Code § 54956.9(d)(3)). Joint Meeting City Council/Successor Agency/Housing Authority January 26, 2017 Page 6 of 6 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: 040-165-007. Negotiator(s): City Manager and City Attorney. Party with whom negotiating: State of California, Judicial Council. Instructions to negotiator concerning: Terms. Property Description: APN: 038-260-062 & 038-260-048. Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Chevron. Instructions to negotiator concerning: Terms. Property Description: APN: 040-083-002 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Gutierrez/Vera. Instructions to negotiator concerning: Terms. Property Description: APN: 040-103-009 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Successor Agency. Instructions to negotiator concerning: Terms. 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. City Council commenced at 8:51 p.m. with the following action taken out of Closed Session: A motion was made by Councilmember Woolley to deny claim made, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Moreno, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. Being no further business before City Council, the meeting was adjourned at 8:51 p.m. Respectfully Submitted, Maria Ortiz, City Clerk