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City Council/Successor Agency/Public Finance Authority

Regular Meeting

Avenal, CA · April 27, 2017

AgendaMinutes

Minutes

AGENDA ITEM NO. 3. – A. CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING AUTHORITY THURSDAY, APRIL 27, 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, Moreno, Gravelle, Ovalle, Preciado. Council Members Absent: None. 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 April 13, 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, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Resolution to Recognize “Avenal State Prison’s 30th Year Anniversary”. Melissa Whitten, City Manager gave a brief 10 minute history of the Avenal State Prison. She noted that it started out as a resolution, but ended up as a Proclamation for the Mayor’s signature recognizing Avenal State Prison’s 30th Year Anniversary. Before Avenal was chosen as a site, there was a lot of interest in the community for the State to consider Avenal for a prison. A group of Avenal community members went to Sacramento to petition for a prison in Avenal. She continued that there was a lawsuit filed by some of the surrounding properties owners and this is how they met Michael Farley. The litigation was over the use of ground water as there were two wells on the prison site. In order to get the prison built, due to environmental report legislation, both wells would be capped and never used. The City of Avenal was originally 10 ½ square miles; but when the Moran’s sold their land to the Department of Corrections, the City grew to 19 ½ square miles. The City has been a partner since the beginning and that is why they are being acknowledged. Joint Meeting City Council/Successor Agency/Housing Authority April 27, 2017 Page 2 of 6 PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No public comments were offered. 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 activity report as follows: 1) Marijuana sales arrest at Avenal High School; 2) suspect grabs beer bottle to assault officer; 3) drunk driver arrested-narrowly avoids a pedestrian; 4) stop sign violation leads to pursuit; 5) medical aid call results in felony arrest; 6) sexual assault arrest of a juvenile; 7) ignoring Officer’s advice earns a trip to jail; 8) CAD Calls; and, Monthly Statistical Report. B. Special Presentations/Requests: 1) None. PUBLIC HEARING(s): 1. Consider Adopting Changes to the City’s Guidelines for the Homebuyer and Housing Rehabilitation Programs.  Staff Report  Public Hearing  Adopt Resolution Ms. Whitten stated the purpose of this hearing is to allow the citizens of Avenal the opportunity to review and make comments on the following subjects:  Changes to the Homebuyer and Housing Rehabilitation Program Guidelines The City of Avenal has established Program Guidelines which govern the administration of its Homebuyer and Housing Rehabilitation Programs. The City has received funding from the State Department of Housing and Community Development (HCD) Community Development Block Grant (CDBG) Program and HOME Investment Partnerships Program to implement these programs. CDBG Program regulations require the City conduct a public hearing on all CDBG-related matters to provide for and encourage citizen participation, particularly by low and moderate income persons who reside in areas in which CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the proposed changes to the Guidelines. Comments may be received in writing or orally. Public Hearing notices in both English and Spanish have been published in The Avenal Chimes and posted in the usual locations. The public notice provided citizens with information on where to submit written comments if they were unable to attend the public hearing. No written comments were received. Mayor Preciado opened the Public Hearing to Consider Adopting Changes to the City’s Guidelines for the Homebuyer and Housing Rehabilitation Programs at 6:15 p.m. With no comments offered, the Public Hearing was closed at 6:15 p.m. RESOLUTION NO. 2017-22: A RESOLUTION OF THE COUNCIL OF THE CITY OF AVENAL APPROVING CHANGES TO THE CITY’S HOMEBUYER AND HOUSING REHABILITATION PROGRAM GUIDELINES; A motion was made by Mayor Pro Tem Ovalle, seconded by Councilmember Woolley, and carried. Roll Call Vote: Joint Meeting City Council/Successor Agency/Housing Authority April 27, 2017 Page 3 of 6 AYES: Ovalle, Woolley, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. Consider Extending Local Water 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 May 11, 2017 City Council meeting. A motioned made by Councilmember Gravelle to approve the Local Emergency Declaration be renewed/extended for 14 days and reviewed again at the May 11, 2017 City Council meeting, seconded by Mayor Pro Tem Ovalle. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Extending Local Emergency Due to Flooding Conditions - Declared on March 9, 2017: Staff is requesting by motion, approval of the ongoing Local Emergency Due to Flooding 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 11, 2017 City Council meeting. A motion was made by, Mayor Pro Tem Ovalle approve ongoing Local Emergency Declaration to be renewed/extended for 14 days and reviewed again at the May 11, 2017 City Council meeting, seconded by Councilmember Woolley, and carried. Roll Call Vote: AYES: Ovalle, Woolley, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Approval of Ball Containment Net System Purchase from Courts & Greens: Ms. Whitten mentioned that in September of last year, the City Council approved a budget of $50,000 toward the renovation of the Rice Park Basketball Court. The project has moved forward in phases and to date, the installation of the basketball court surface and painting of the lines, new basketball goals, and new LED floodlights to improve energy efficiency as well as visibility in the evenings, has been completed. The next and final phase of the project will include installation of bleachers (on a concrete slab) on the south side of the court as well as a ball containment net system around the east and west ends of the court. Quotes have been obtained from three vendors for the ball containment net system (10’ tall, 172 linear feet). The prices indicated below are for materials only:  Courts and Greens $5,500.00 (incl. tax/shipping)  FlexCourt $7,176.52 (incl. tax/shipping)  VersaCourt $7,693.96 (incl. tax/shipping) Joint Meeting City Council/Successor Agency/Housing Authority April 27, 2017 Page 4 of 6 Staff recommends by motion, approve the purchase of a ball containment net system in the amount not to exceed $5,500 from Courts and Greens. The $5,500 would be expended from Community Improvement Fund 10.5.12000 for this project. A motion made by Councilmember Woolley to approve the purchase of a ball containment net system in the amount not to exceed $5,500 from Courts and Greens, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Entering into an Agreement with Courts & Greens for Installation of Ball Containment Net System: Ms. Whitten reported on Staff plans to install a 10’ tall ball containment net system around part of the basketball court at Rice Park. The Public Works Department has other projects currently in progress and due to the lack of available staff over the next few weeks, we have opted to hire a contractor to perform the installation. As we were able to save on other costs associated with the basketball court renovation project, the installation will not cause us to exceed our overall project budget. Staff was only able to obtain one installation quote, as indicated below:  Courts and Greens (Installation) $6,450.00 (incl. tax/shipping) Courts and Greens is the contractor who provided and installed the new basketball court tiles and did a good job on that portion of the project. Staff recommends adoption of the resolution approving an agreement with Courts and Greens for installation of a ball containment net system at Rice Park in an amount not to exceed $6,450. After a brief discussion the following action was taken. RESOLUTION NO. 2017-23: A RESOLUTION OF THE CITY COUNCIL OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH COURTS AND GREENS FOR INSTALATION OF A BALL CONTAINMENT NET SYSTEM AT RICE PARK was adopted on a motion by Mayor Pro Tem Ovalle, seconded by Councilman Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Woolley commented the following: 1) she attended the KCAG/KCAPTA meetings. Councilmember Moreno commented the following: 1) she asked about a notice she had received, but Staff informed her it was from Avenal High School, who will be spraying Roundup on April 28, 2017. Mayor Pro Tem Ovalle commented the following: 1) he attended a Behavioral Health Meeting led by Champions and Kings County, to learn how to better assist our community. He also thanked Lupe Chavez for a good smoked tri-tip; and, 2) he attended the City Appreciation Dinner which was awesome event. Melissa Whitten, City Manager, commented the following: 1) she thanked the City Council for allowing for the Appreciation Dinner as it was an exceptional event; 2) she mentioned that it is the Week of the Young Child and an event will be held Saturday at Rice Park 10:00 a.m. – 2:00 p.m.; and, 3) the Sand Drags will be in Avenal this weekend. Joint Meeting City Council/Successor Agency/Housing Authority April 27, 2017 Page 5 of 6 Mayor Pro Tem inquired about the Zeropex unit. Scott Davis reported that the water strainer came in and they will schedule the installation as soon as possible. Mayor Preciado commented on the following: 1) He attended a JPA meeting; 2) Appreciation Dinner was an exceptional event, where community members, veterans and volunteers were honored; it was mentioned many times by the School Board, Churches, and Community members that they all feel like a family and everybody is trying to do their part to make a differences in Avenal; 3) he also attended the Behavioral Health meeting, in which the Kings County agencies want to bring a One Stop building where they can offer County services to Avenal residents. City Council went into Closed Session at 6:42 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: 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. 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 8:02 p.m. with no action out of Closed Session. There being no further business, the City Council meeting was adjourned at 8:02 p.m. Respectfully Submitted, Joint Meeting City Council/Successor Agency/Housing Authority April 27, 2017 Page 6 of 6 Maria Ortiz, City Clerk

Agenda

CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING AUTHORITY THURSDAY, APRIL 27, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS ST.; AVENAL, CA 93204 Study Session: None. LAST ORDINANCE: 2015-02 CITY LAST RESOLUTION: 2017-21 PFA LAST RESOLUTION: 2016-01 A G E N D A The Publican 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 $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. 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 April 13, 2017: (Discussion/Action). 4. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Resolution to Recognize “Avenal State Prison’s 30th Year Anniversary”. 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. 6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Avenal Police Department Activity Report: Russell Stivers, Chief of Police B. Special Presentations/Requests: 1) None. -2- 7. PUBLIC HEARING(s): A. Consider Adopting Changes to the City’s Guidelines for the Homebuyer and Housing Rehabilitation Programs.  Staff Report  Public Hearing  Adopt Resolution (Discussion/Action) 8. OLD BUSINESS: A. Consider Extending Local Water Emergency - Declared on February 27, 2014: (Discussion/Action) B. Consider Extending Local Emergency Due to Flooding Conditions - Declared on March 9, 2017: (Discussion/Action) 9. NEW BUSINESS: A. Consider Approval of Ball Containment Net System Purchase from Courts & Greens: (Discussion/Action). B. Consider Entering into an Agreement with Courts & Greens for Installation of Ball Containment Net System: (Discussion/Action). 10. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: A. City Council/Successor Agency/Housing Authority: B. City Manager/Successor Agency/Housing Authority Executive Director: 1) Correspondence/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. 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. -3- 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. 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. 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, 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on April 24, 2017. ______________________________________//SS// Maria Ortiz, City Clerk

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