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 25, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Pro Tem Ovalle called the meeting to order at 6:02 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 Pro Tem Ovalle. 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 May 11, 2017: A motion to approve the Consent Calendar was made by Mayor Pro Tem/Successor Agency/Housing Authority Member Ovalle, seconded by Councilmember /Successor Agency/ Housing Authority Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: Gravelle. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Consider Vacancy on the Planning Commission: Fernando Santillan, Community/Economic Development Director mentioned that at the las Council meeting Councilmember Moreno asked Staff to reach out to Mrs. Irma Aguayo and she has declined due to work. Staff at this time requesting further direction from Councilmember Moreno. Councilmember Moreno would like Staff to continue advertising and reach out to Pablo Hernandez, because he want to help within the community. Councilmember Woolley inquired, the requirements to be on the Planning Commission. Mr. Santillan mentioned that they have to reside in Avenal and no age requirement. Ms. Whitten for clarification, if Pablo Hernandez accepted or doesn’t except appointment to continue adverting. Councilmember Moreno stated, “Yes”. B. Consider Request to Use Bounce Houses to Celebrate Sober Graduation on June 9, 2017: Joint Meeting City Council/Successor Agency/Housing Authority May 25, 2017 Page 2 of 6 Melissa Whiten, City Manager mentioned that Staff received a request form Mr. Ibarra, President of the 2017 Sober Grad Parent Committee, for the use of two (2) bounce houses for the June 9th Sober Grad Celebration after graduation party. She continues that due to liability concerns and setting precedence, the City doesn’t normally loan activity equipment; thus, the reason this item is before the City Council for consideration. However, the final decision rests on the Council. Another possible option would be to consider a donation of funding to assist the committee with renting similar activity equipment. Each Council Member has Promotion/Scholarship Fund available in the 2016/17 Budget/Fund 10.01000.673, at $250.00 per member. After a brief discussion the following action was taken. It was the City Council’s direction to donate in the 2016/17 Budget/Fund 10.01000.673, at $250.00 per member as follows: 1) Woolley; 2) Gravelle; 3) Moreno; and, 4) Ovalle. The total donation $1,000.00. C. Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference - September 13-15, Sacramento, CA: Ms. Ortiz mentioned that as the Council is aware, the League’s Annual Conference is scheduled for September 13- 15, at Sacramento Convention Center. In order to vote at the Business Meeting, the City Council must designate a voting delegate. The City Council may also appoint up to two (2) alternate voting delegates in the event the voting delegate is unable to attend. As per League Policy, the voting delegate and up to two (2) alternates must be designated by the City Council. Staff recommends that the City Council 1) designate voting delegate and alternate for the Annual Buisness Meeting schedules September 15th at the Sacramento Convention Center; and, 2) authorize the City Clerk to complete the Voting Delegate form and return it to the League’s Office no later than Friday, September 1, 2017. After a brief discussion, the following action was taken: A motion made by, Councilman Gravelle to designate Mayor Alvaro Preciado as Voting Delegate and Alternate Voting Delegates Mayor Pro Tem Dagoberto Ovalle and Councilmember Glenda Woolley. Also, authorize the City Clerk to complete the Voting Delegate form and return it to the League’s Office no later than Friday, September 1, 2017. The motion was seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Gravelle, Moreno, Woolley, Ovalle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No comments were offered from the public. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Avenal Police Department Activity Report: Russell Stivers, Chief of Police: Assistant Chief LaBlue reported the following: 1) Possible Racing Vehicle Ends Up with DUI Arrest; 2) Public Works Department Helps Recover Stolen Property; 3) Stolen Vehicle and Cash Recovered; 4) Threats Suspect Arrested; 5) Burglary Suspect Arrested; 6) Officer Segura recognized at an annual ceremony in Kings County and Other News; Total CAD Calls; and, 6) Monthly Statistical Report. B. Special Presentations/Requests: 1. None. Joint Meeting City Council/Successor Agency/Housing Authority May 25, 2017 Page 3 of 6 PUBLIC HEARING(s): 1) 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 June 9, 2017 City Council meeting. After a brief discussion the following action was taken. A motioned made by, Councilmember Woolley to approve the Local Emergency Declaration be renewed/extended for 14 days and reviewed again at the June 9, 2017 City Council meeting seconded by Mayor Pro Tem Ovalle. Roll Call Vote: AYES: Woolley, Ovalle, Preciado, Gravelle, Moreno. 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 June 9, 2017 City Council meeting. A motion was made by, Councilman Gravelle to approve ongoing Local Emergency Declaration to be renewed/extended for 14 days and reviewed again at the June 9, 2017 City Council meeting, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Purchase of New Dump Truck as Included in the FY 2016/17 Budget: Scott Davis, Public Works Director (A) reports that last year during Budget Hearing, Public Works and Utilities Department discussed with Council, the purchase of a large dump truck. Instead of contracting an outside company, Public Works will be able to haul sludge from both the Water and Waste Water Facilities and haul road base, sand and city equipment, when needed. Currently, the Utilities Department budgeted approximately $25,000 dollars a year for sludge removal. He continued that the Utilities and Public Works Departments originally budgeted $100,000 for purchase. However, when Staff received quotes from three truck companies, found original estimate to be low. However, the funds are available for the extra cost. Following is the quotes: Company Cost Fresno Truck Center $125,873.88 Delta Truck Center $127,166.93 Valew Quality Truck Bodies $131,907.75 Joint Meeting City Council/Successor Agency/Housing Authority May 25, 2017 Page 4 of 6 Staff recommends that Council approve the purchase of the dump truck from Fresno Truck Center, in the amount not to exceed $125,873.88. The purchase was budgeted in 14.14100.726 and 15.15000.726 and there are enough funds available to cover expenses. After a brief discussion, a motion was made by Councilmember Woolley to purchase dump truck from Fresno Truck Center, in the amount not to exceed $125,873.88 and seconded by Councilman Gravelle and carried Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Entering into an Agreement for Auditing Services: Dawn Perkins, CPA Administrative Analyst reported that Staff mailed fifty-six (56) Request for Proposal on April 13, 2017, for auditing service with the proposal deadline of May 12, 2017. Report to be conducted by Auditing firm as follows: City Auditing with financial statement and related reports. State Controller’s report (city streets) Single audit/data collection form GASB 68 required supplementary pension information She continues that proposals came in from eight accounting firms in range of fees from $35,000 to high of $61,000. The Firm of Sotomayer & Associates, CPA came in with the lowest responsible bid which consists of fiscal years2017, 2018 and 2019 with options for following years. Our current auditors, Price & Paige & Company, CPA, proposal came in at $51,930 for 2017 and 2018 $53,435 for 2019, 2020, and $54,986 for 2021. Staff recommends by resolution, authorize City Manager to enter into an agreement with Sotomayer & Associates LLP. After a brief discussion the following action was taken. RESOLUTION NO. 2017-25: A RESOLUTION OF THE AVENAL CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A THREE YEAR AGREEMENT FOR AUDIYING SERVICES WITH THE AUDITING FIRM OF SOTOMAYOR & ASSOCIATES, LLP COMMENCING FY 2017 AND ENDING 2019 WITH OPTION FOR 2020 AND 2021. A motion was made by Councilmember Woolley seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Woolley commented the following: 1) she attended Avenal High School senior award ceremony and really nice ceremony. Also, the number of former graduates that are coming back and giving scholarships. Councilmember Moreno commented the following: 1) she mentioned a meeting at the Middle School sponsored by Wonderful going to camp. Joint Meeting City Council/Successor Agency/Housing Authority May 25, 2017 Page 5 of 6 Melissa Whitten, City Manager commented the following: 1) she mentioned Memorial Services at Pleasant Valley Cemetery, May 29, 2017 at 10:00 a.m. and Mayor Preciado will be actively involved and everyone is invited; and, 2) she thanked the City Council & Staff for the team exercise last week and goal setting; Mayor Preciado commented on the following: 1) JPA meeting Fresno; 2) he attended, Thursday evening team building with Staff and community member. Friday workshop goal review; 3) he went to Avenal State Prison to present an award; and 4) he meet with Responsible Athletes Program & City Manager. City Council went into Closed Session at 6:48 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. Property Description: APN: 038-010-040 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Mendrin. Instructions to negotiator concerning: Terms. Property Description: APN: 040-254-010 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Wynne. 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. Joint Meeting City Council/Successor Agency/Housing Authority May 25, 2017 Page 6 of 6 ADJOURNMENT. The meeting reopened at 8:27 p.m. with action out of Closed Session as follows: RESOLUTION 2017-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTRE INTO AN AGREEMENT WITH RSG, INC. TO PROVIDE 1-5/SR 269 DEVELOPER MARKETING ASSISTANCE A motion was made by Councilmember Woolley and seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno Preciado. NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Councilmember Woolley to approved Title Resolution: authorize entering into a Subordination Agreement resulting in the city’s security interest in the “Project” (Arroyo Del Camino Project - Home Loan) becoming subject to and of lower priority than the lien of some other or later security instrument; and, further, authorized the City Manager to sign and execute said agreement. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. Staff will bring Resolution to ratify this action at the June 8, 2017 meeting. There being no further business, the City Council meeting was adjourned at 8:30 p.m. Respectfully Submitted, Maria Ortiz, City Clerk