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, JUNE 8, 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 6:01 p.m. Council Members Present: Woolley, Ovalle, Preciado. Council Members Absent: Moreno, Gravelle. 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 25, 2017: B. City Warrants and Financial Statements for May: C. Approve Ratifying “Title Resolution” Action, May 25, 2017, “Subordination Agreement”: RESOLUTION NO. 2017-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL RATIFYING ACTION TAKEN ON MAY 25, 2017 ENTERING INTO A SUBORDINATION AGREEMENT RESULTING IN THE CITY'S SECURITY INTEREST IN THE "PROJECT" (ARROYO DEL CAMINO - HOME PROGRAM LOAN FUNDING) BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE SAID AGREEMENT. A motion was made by Mayor Pro Team Ovalle and seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. D. Approving Juvenile Service Officer Agreement 2017/18: RESOLUTION NO. 2017-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH REEF-SUNSET UNIFIED SCHOOL DISTRICT (RSUSD) AND THE AVENAL POLICE DEPARTMENT FOR A JUVENILE SERVICES OFFICER (JSO) POSITION FOR FY 2017/18. A motion was made by Mayor Pro Team Ovalle and seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. Joint Meeting City Council/Successor Agency/Housing Authority June 8, 2017 Page 2 of 7 E. Approving 2017/18 Fiscal Year Appropriation Limits: RESOLUTION NO. 2017-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2017-18 APPROPRIATIONSLIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. A motion was made by Mayor Pro Team Ovalle and seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Consider Summer Meeting Schedule: Chief Stivers explained that for many years, the City Council has been in favor of a "Summer Meeting Schedule" whereby one City Council meeting is held in July and one (1) City Council meeting is held in August. By considering and adopting this type of schedule, it provides a "little break" during the summer months to accommodate time away and/or vacation time for Council and Staff. At this time, Staff is recommending the following Summer Meeting Schedule for consideration by the City Council/Successor Agency/Housing Authority: Thursday July 13, 2017 6:00 p.m. Avenal Theater Thursday July 27, 2017 6:00 p.m. Avenal Theater (cancel) Thursday August 10, 2017 6:00 p.m. Avenal Theater Thursday August 24, 2017 6:00 p.m. Avenal Theater (cancel) *Note a special meetings can be schedule and notice if necessary Staff recommends by motion, cancel July 27, 2017 & August 24, 2017 Council meetings. A motion made by Mayor Pro Team Ovalle to cancel July 27, 2017 & August 24, 2017 Council meetings, seconded was by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Director (A); Scott Davis, Public Works Director (A) reported the following: 1) Building; 2) Code Enforcement; 3) Parks & Landscape; 4) Animal Control; 5) Streets; 6) Water Distribution; 7) Wastewater Collection; and, 8) Vehicle, Equipment & Building Maintenance. 2) Recreation Department Activity Report: Shelia Verdugo, Supervisor; Joint Meeting City Council/Successor Agency/Housing Authority June 8, 2017 Page 3 of 7 Shelia Verdugo, Supervisor reported the following: 1) Easter in the Park; 2) Week of the Young Child; 3) Old Timer’s Day/reunion; 4) video game tournament; 5) Mother Daughter tea; 6) ongoing activities: Zumba/Karate/Community Clean-up Theater, Family Paint Night ended May 4th and classes will start September; 7, 2017; 7) Upcoming: Kidz Spot/Independence Celebration, 8) Farmers Market, 9) video tournament; 10) movie in the park; and, 11) Staff collaboration with local organizations, churches, District, WHC, Champions, Fire Dept., APD, Healthcare providers, Wonderful, and Avenal State Prison. 3) Community Development Department Activity Report: Fernando Santillan, Community/Economic Development Director. Fernando Santillan, Community/Economic Development Director, reported the following: 1) he noted that the new hire for the theater is a student at the city’s web development entrepreneurship classes and feel they had a role in her preparation; 2) our housing program kept us busy over the last several months with potential foreclosures, tax sales, subordination requests, and reconveyances; 3) moving forward with CDBG and HOME project set-ups and should be starting procurement process within the next month; 4) meeting with consultant RSG on Tuesday of this week to discuss how to move forward with our efforts to market the I-5 highway commercial area to developers; 5) discussed Economic Development Strategy with our General Plan Update consultant, PlaceWorks, as well as how to move forward with our Land Use Element; 6) assisting with potential new construction project for PR Donuts. Currently coordinating with seller and contractors; 7) received 1 CUP application, 1 Variance application, and 1 Home Occupation Permit application this month and will be considered by Planning Commission on June 12th; and, 8) Staff met with National Parks Service via phone call to discuss potential partnerships and grant opportunities for new parks and trail facilities in Avenal. Mayor Pro Tem Ovalle had a concern with the rubber pavers that are lifting and if it was addressed. Mr. Santillan mentioned there were a couple people that drove over them, which popped the pavers. Staff didn’t anticipate that to happen. It is a matter of putting up signs and many people do not realize it is rubber not fixed in place. Staff will figure out a solution. Mr. Davis mentioned that the pavers have a tendency of curling. Mr. Santillan mentioned that pavers can be replaced not a solution, but a precaution. Also, will contact contractor to find further solutions. B. Special Presentations/Requests: 1. None. PUBLIC HEARING(s): 1. Consideration to Amend Avenal Municipal Code Sections 4-7 (Fireworks) to Include Proposed Section 4-7.08 through 4-7.14  Staff Report  Public Hearing  Adopt Urgency Ordinance Chief Stivers reported that the Avenal Police Department and the Kings County Fire Department both have struggled with the illegal fireworks enforcement each year in the City of Avenal. Unfortunately, each year the use and dangers of illegal fireworks continues to grow and potentially threaten lives and property within the City. In 2016, APD officers responded to 21 illegal firework calls for service. In the same time period, APD officers responded to noise disturbance calls on 287 occasions and responded to "shots fired" calls over 60 times. Often times, illegal - firework calls are called into the dispatch center as noise disturbances or shots fired calls. He continued that on many instances, the illegal discharge of fireworks goes unreported. After the last 4th of July holiday, citizens voiced their concerns on the high number of illegal fireworks that were discharged in the City. Catching roofs or tall grass on fire was the primary reason for their concern. In prior years, the drought was a potential contributor to fires caused by the discharge of illegal fireworks which typically are the aerial variety. This year, with the significant amount of rain we received, the vegetation in our nearby hills and vacant lots has grown, thus posing an extreme risk not only to property, but to personal safety. Joint Meeting City Council/Successor Agency/Housing Authority June 8, 2017 Page 4 of 7 He concludes that existing Avenal Municipal Code Sections 4-7.01through 4 7.07 addresses the permitting of fireworks booths and dates and times when fireworks can be discharged. While the California Penal Code contains illegal firework provisions, often times it is difficult in determining the actual possessor of the fireworks at large gatherings. The proposed amendment of Sections 4-7.08 through 4-7.14 would include a tiered fine schedule and would allow Kings County Fire and Avenal Police Department personnel to administratively cite the responsible parties for allowing illegal activity to occur on their respective prope1iies. The goal would be to have the person who controls the residence police their own guests which would be a safer and more cost effective measure. A notable exception to this proposed amendment to the ordinance is that landlords would not be subject to a citation unless they fall into the category of "responsible person" as defined by the ordinance. Staff recommends by motion, introduce and waive the first and second reading of the proposed ordinance number change 4-7.08 through 4-7.14 which would amend the Avenal Municipal Code to add the increase enforcement of fireworks violations. Also recommended, the required waiting period be waived due to the potential threat to the safety of citizens should a fire be caused by careless and unlawful discharge of illegal fireworks in the City limits. Mayor Preciado opened the Public Hearing at 6:36 p.m. There were no public comments. With no public comments, Mayor Preciado closed Public Hearing at 6:36 p.m. After a brief discussion, the following action was taken. A motion was made by Mayor Pro Tem Ovalle to introduce and waive the first and second reading of the proposed ordinance number change 4-7.08 through 4-7.14 which would amend the Avenal Municipal Code to add the increase enforcement of fireworks violations. Also recommended, the required waiting period be waived due to the potential threat to the safety of citizens should a fire be caused by careless and unlawful discharge of illegal fireworks in the City limits. The motion was seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. 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 June 22, 2017 City Council meeting. After a brief discussion the following action was taken. A motioned was made by Councilmember Woolley to approve the Local Emergency Declaration to be renewed/extended for 14 days and reviewed again at the June 22, 2017 City Council meeting seconded was by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Preciado. NOES: None. ABSENT: Moreno, Gravelle. 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 22, 2017 City Council meeting. Joint Meeting City Council/Successor Agency/Housing Authority June 8, 2017 Page 5 of 7 A motion was made by Mayor Pro Tem Ovalle to approve ongoing Local Emergency Declaration due to flooding be renewed/extended for 14 days and reviewed again at the June 22, 2017 City Council meeting, seconded was by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. NEW BUSINESS: A. Consider Wastewater Plant Grinder Cost of Repairs: Ronald Brumley, Utilities Supervisor, reported that the Wastewater Plant has experienced an Auger Monster (grinder) failure. This grinder is a vital part of day-to-day operations of our Wastewater Plant. Staff considers the failure of this system to be an emergency. The Auger Monster is a sole source item. The cost to rebuild the grinder is estimated at $25,000. This is a budgeted item in our CIP account. He mentioned that at the last minute he received a quote of $23,508.00. Staff recommends by motion, to authorize JWC Environmental to rebuild the Auger Monster, in the amount not to exceed $23,508.00 A motion was made by Councilmember Woolley to authorize JWC Environmental to rebuild the Auger Monster, in the amount not to exceed $23,508.00,seconded was by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. B. Consider Responsible Athlete Program and Annual MOU Review: Chief Stivers reported that the City Council initially entered into a Memoradum of Understanding with the Responsible Athletes Program in November 2009 - and have extended the agreement each year since that time. In 2013, the MOU was updated and approved by Resolution in 2014, 2015 and 2016, the MOU was approved by Addendums No. 1, 2 & 3 respectively. He continued that as Council is aware, RAP sponsors a wide variety of structured youth -oriented Community sports events and activities within the community. Representatives from the program have presented reports to the City Council relating to programs and activities over the past year to keep Council informed. Enrique Jimenez has expressed RAP's continued interest in a partnership with the City and would appreciate the opportunity to do so for another year. The only change for FY 2017-18 would be the effective dates. With focus on community youth, this program provides opportunities for our youth to participate in a variety of programs/activities/events. Among other things, the MOU allows RAP the use of City facilities and equipment, when available, within the guidelines of the agreement. Staff recommends that the City Council consider renewing the MOU by Addendum for an additional one (1) year term. RESOLUTION NO. 2017-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE ADDENDUM NO. 4 TO THE MEMORANDUM OF UNDERSTANDING (MOU)/AGREEMENT BETWEEN THE CITY OF AVENAL AND RESPONSIBLE ATHLETES PROGRAM (RAP) DATED JULY 1, 2017. A motion was made by Mayor Pro Tem Ovalle, seconded was by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. Joint Meeting City Council/Successor Agency/Housing Authority June 8, 2017 Page 6 of 7 C. Consideration to Approve Outfitting of New Patrol Cars: Assistant Chief LaBlue reported with the last outfitting done in June of 2016, California only has a few major installers for policevehicleequipment. Cooks Communications in Fresnocompleted our outfittingon the first two Explorers. In addition, they outfitted the Chiefs Ford Explorer as well as our command post. They alsoservice andmaintainourradios. Wehave beenextremelypleasedwithCooksCommunication's serviceand theconvenience ofhavingtheminFresno has beeninvaluable forneededadjustments or repairs. He continued that equipment costs for anydealer arebasically the same. The labor costs forinstallation are generally where companies differ on price. Thenextclosest installeris150 milesaway. The next one afterthat is200 miles away. To take our vehicles to either ofthe out of the area vendors would require three officers andapproximately16 hoursoftimeto deliverandpickup ourvehicles. Paying theseofficers overtime and perdiemto complete thistask would erase anysavings we would enjoy froma lower bid. In addition, any servicecallswould beaburden andcostly as well. Itshould be noted that the outfitting for both vehicles has goneup $701.22 since the June 2016 outfitting. This is duetothe additional protective shields on the cageareaof the back seat of the vehicle thatwe had to lateradd totheJune 2016 outfitting. Thefollowing bidfromisCooks Communication for the installation of new equipment on our two 2017FordPolice InterceptorSUV's: Cook's Communication $22,145.64 Staff recommends that the approval for Cooks Communication to outfit both 2017 Ford Explorer Police Interceptors in the amount of $22,145.64. The amount will be expended from 10.12500, account number 655.15 (Supplemental Law Enforcement Services account- FY 15/16 fund) and have no impact to the general fund. A motion was made by Councilmember Woolley to approve Cooks Communication to outfit both 2017 Ford Explorer Police Interceptors in the amount of $22,145.64. The amount will be expended from 10.12500, account number 655.15 (Supplemental Law Enforcement Services account- FY 15/16 fund) and have no impact to the general fund. The motion was seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Preciado. NOES: None. ABSENT: Moreno, Gravelle. ABSTAIN: None. Assistant Chief LaBlue mentioned that yesterday there, had been a fire in the 500 block of Alpine. Chief Stivers, never get credit for this kind of stuff, he apprehended the two juveniles who started the fire yesterday; and, obtained a full confession they were playing with matches. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mayor Pro Tem Ovalle commented the following: 1) Nathan MacLaine, New Kings County Director of Behavioral Health, informed him that they would like to bring Behavioral Health to a larger scale. He needs information of what services are needed within Avenal. He would ask the rest of the Council, Staff and members of the community to provide feedback of services needed and have a list of services needed within Avenal. If anyone has any suggestions, ideas, please write them down; and, he will take them to Nathan MacLaine, Director of Behavioral Health. Mayor Preciado mentioned that, Dr. Iran Barrera has conducted 140 survey with community members and is building a data base for behavioral health and mental health. Chief Stivers mentioned that Behavioral Health Staff stopped by the Police Department. Also, many times when they go on calls for service; if the person doesn’t fall within the provisions of the welfare institutions codes area: danger to themselves or others and are greatly disabled; their hands are tied, unless they want to go voluntarily to be treated; in Hanford by ambulance. They deal with many mental illness cases on patrol that do not fit the criteria he just mentioned. Behavioral Health has created a portal with 10 boxes and Police Officers County-wide can now Joint Meeting City Council/Successor Agency/Housing Authority June 8, 2017 Page 7 of 7 enter important information into those boxes, send it off to Behavioral Health who is then responsible for the follow up. Mayor Preciado commented on the following: 1) he attended PUMA meeting; 2) finance meeting for the Catholic Church; and, 3) JPA meeting. City Council went into Closed Session at 7:00 p.m. CLOSED SESSION: (City/Successor Agency/Housing Authority): A. 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. B. 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 7:31 p.m. with no action out of Closed Session. There being no further business, the City Council meeting was adjourned at 7:31 p.m. Respectfully Submitted, Maria Ortiz, City Clerk