City Council/Successor Agency/Public Finance Authority
Regular MeetingAvenal, CA · February 23, 2017
Minutes
AGENDA ITEM NO. 3. – A.
CITY OF AVENAL
JOINT MEETING OF THE AVENAL CITY COUNCIL/
SUCCESSOR AGENCY/HOUSING AUTHORITY
THURSDAY, FEBRUARY 23, 2017; 6:00 P.M.
AVENAL THEATER
233 E. KINGS ST.; AVENAL, CA 93204
MINUTES
Mayor Preciado called the meeting to order at 6:00 p.m.
Council Members Present: Woolley, Gravelle, Ovalle, Preciado.
Council Members Absent: Moreno.
Legal Counsel: City Attorney Jennie Barkinskaya.
PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado.
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 $300.00 per month as a result of being elected to the City Council. They receive no
other compensation for sitting as a member of 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 9, 2017:
A motion to approve the Consent Calendar was made by Councilmember/Successor Agency/Housing
Authority Member Woolley, seconded by Mayor Pro Tem/Successor Agency/ Housing Authority Ovalle and
carried.
Roll Call Vote:
AYES: Woolley, Ovalle, Preciado.
NOES: None.
ABSENT: Moreno.
ABSTAIN: Gravelle.
MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER
REPORTS/ITEMS FOR CONSIDERATION:
A. Avenal Police Department Newly Promoted Officers: Chief Stivers.
Chief Stivers announced that Police Officer Stephanie Storm and Police Officer Leopoldo Segura, both recently
promoted to Senior Police Officers will both attend the next City Council meeting for acknowledgement of their
promotions.
B. Consider Letter of Support for AB 1 & SB 1 Transportation Funding:
Melissa Whitten, City Manager, reported that Staff has received an email from Raj Rakkar, Southern San Joaquin
Valley Regional Public Affairs Manager, League of Cities, requesting a Letter of Support for AB 1 & SB 1 relating
to Transportation Funding. This would address the $73 billion unmet funding needs for local streets and roads. The
proposal looks to raise revenues over variety of sources.
Staff recommends that by motion: 1) authorize drafting of Letters of Support; 2) authorize the Mayor to sign both
letters; and, 3) direct Staff to send letters to appropriate individuals/agencies.
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February 23, 2017
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After a brief discussion, a motion was made by Councilmember Woolley to table the item for more
information, seconded by Councilman Gravelle and carried.
Roll Call Vote:
AYES: Woolley, Gravelle, Preciado.
NOES: Ovalle.
ABSENT: Moreno.
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: Russell Stivers, Chief of Police:
Russell Stivers, Chief of Police, reported on the following: 1) major injury traffic accident; 2) carjacking suspect
arrested; 3) verbal disturbance leads to drug sale arrest; 4) a stolen IPad recovered; 5) an assault rifle was located
during a traffic stop; 6) the Monthly Statistical Report; and, 7) total CAD calls received.
B. Special Presentations/Requests:
1) Avenal Regional Landfill Activity Report: George Anderson, Supervisor
George Anderson, Supervisor, reported on the following: 1) due to the rain, he used his storm water training to be
sure there was no discharge from landfill; 2) they purchased a cannon in order to scare seagulls away from the
landfill; 3) they have found that their encroachment permit does not allow for any cleaning of mud and debris on
Highway 269 without proper traffic control by Caltrans. Caltrans will be here by the end of April for traffic control
and clean-up of Highway 269; and, 4) he proposed that the City Council consider entering into an agreement
between the City of Avenal and Waste Connections to use the City’s street sweeper to clean the parking lot/entrance
of the Landfill and share the maintenance costs. A landfill employee would need training on the street sweeper to
use it.
PUBLIC HEARING(s):
1) 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 March 9, 2017 City Council meeting.
A motion was made by Mayor Pro Tem Ovalle to approve ongoing Local Emergency Declaration to be
renewed/extended for 14 days and reviewed again at the March 9, 2017 City Council meeting, seconded by
Councilmember Woolley and carried.
Roll Call Vote:
AYES: Ovalle, Woolley, Gravelle, Preciado.
NOES: None.
ABSENT: Moreno.
ABSTAIN: None.
NEW BUSINESS:
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February 23, 2017
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A. Consider Renewal of Interim (Water) Renewal Contract Between the United States and City of
Avenal:
Ms. Whitten reported that after ten (10) years of negotiating a new/updated water services contract with the Bureau,
the City entered into an "Interim Renewal Contract" with the United State Bureau of Reclamation for project water
services effective January 1, 2009 through February 28, 2011 (IRl), and successive renewals since that time (IR2 &
IR3). Until a final contract is fully negotiated and all related environmental documents are in place, the City and
USBR will be looking at Interim contracts to continue uninterrupted water services to the City of Avenal.
The current interim contract expires February 28, 2017; therefore, an extension or fourth Interim Renewal Contract
would need to be in place well before that date due to the time needed to process signatures and documents at the
Bureau level. The Bureau has drafted a three (3) page contract which includes the "Renewal and Revision of
Contract No, 14-06-200-4619A-IR3". By approving the document, the interim contract would be extended through
February 28, 2019. As noted, the document requires the Mayor's signature.
Staff recommends that by Resolution, enter into the revised "Interim Renewal Contract" with USBR.
RESOLUTION NO. 2017-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL
ENTERING INTO AN REVISED INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES
(BUREAU OF RECLAMATION) AND CITY OF AVENAL PROVIDING FOR PROJECT WATER
SERVICE A motion was made by Councilmember Woolley, seconded by Mayor Pro Tem Ovalle and carried.
Roll Call Vote:
AYES: Woolley, Ovalle, Gravelle, Preciado.
NOES: None.
ABSENT: Moreno.
ABSTAIN: None.
B. Consider Repairs to Public Works Backhoe:
Scott Davis, Public Works Director (A) reported on January 31, 2017, the Public Works backhoe broke down while
working on a water leak on the 18” main water line. The backhoe was transported to Sequoia Equipment for a repair
estimate and a rental backhoe was picked up in the event of another water leak. Staff contacted two other rental
companies for prices and Sequoia Equipment was the lowest price.
On February 3, 2017, Staff received a worst-case scenario estimate of $11,922. Staff determined that the cost of a
replacement makes the backhoe worth repairing. Sequoia Equipment’s actual invoice was in the amount of
$7,710.05.
Staff recommends by motion, to approve the expenditure for repairs to the backhoe by Sequoia Equipment, in an
amount not to exceed $7,710.05.
After a brief discussion, a motion was made by Councilmember Woolley to approve the expenditure for
repairs to the backhoe by Sequoia Equipment, in an amount not to exceed $7,710.05, seconded by Mayor Pro
Tem Ovalle and carried.
Roll Call Vote:
AYES: Woolley, Ovalle, Gravelle, Preciado.
NOES: None.
ABSENT: Moreno.
ABSTAIN: None.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
Councilmember Woolley commented on the following: 1) League’s South San Joaquin Valley membership meeting;
2) KCAPTA/KCAG; and Caltrans have cameras up and down the state and the first one in Kings County is at the
interchange at Highway 41 & State Route 198.
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February 23, 2017
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Councilmember Ovalle commented on the following: 1) he mentioned that the County Board of Supervisors had an
emergency meeting today to pass a local emergency resolution due to the present flood conditions. He felt that the
City of Avenal should look into also passing one as some roads are flooded and need attention.
City Manager Melissa Whitten commented on the following: 1) she thanked, the City Council for allowing her to
attend the City Managers Conference; and, 2) she attended the League’s South San Joaquin Valley membership
meeting.
Mayor Preciado commented on attendance at the following: 1) February 13, 2017 – the Community Response
meeting was cancelled; 2) League’s South San Joaquin Valley membership meeting; 3) Special City Council
Meeting regarding the Avenal Theater and Farmers Market; and, 4) March 1, 2017 will be attending a meeting and
tour with David Murillo from the U. S. B. R.
City Council went into Closed Session at 6:52 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)).
Number of potential cases is: 1.
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: 040-103-009
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 reconvened at 7:51 p.m. with no action out of Closed Session. Being no further business before City
Council, the meeting was adjourned at 7:51 p.m.
Respectfully Submitted,
Joint Meeting City Council/Successor Agency/Housing Authority
February 23, 2017
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Maria Ortiz, City Clerk
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