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City Council/Successor Agency/Public Finance Authority

Regular Meeting

Avenal, CA · July 13, 2017

AgendaMinutes

Minutes

CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING AUTHORITY THURSDAY, JULY 13, 2017 ; 6:00 P.M. AVENAL THEATER 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:02 p.m. Council Members Present: Woolley, Gravelle, Ovalle, Preciado. Council Members Absent: Moreno. City Staff Present: Whitten, Ortiz, Stivers, Santillan, Davis, Starne. 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 June 19, 2017, June 22, 2017 and July 6, 2017: B. City Warrants and Financial Statements for June: C. Ratify Amended Resolution for Steam House Entertainment: 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 Member Woolley and carried. RESOLUTION 2017-38: A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF AVENAL RATIFYING ACTION TAKEN AT THE JUNE 22, 2017 REGULAR CITY COUNCIL MEETING FOR THE PURPOSE OF AMENDING THE MEMORANDUM OF UNDERSTANDING/AGREEMENT BETWEEN THE CITY OF AVENAL AND STEAM HOUSE ENTERTAINMENT FOR USE OF THE AVENAL THEATER CINEMAS. A motion was made by Mayor Pro Tem Ovalle, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Gravelle, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Joint Meeting City Council/Successor Agency/Housing Authority July 13, 2017 Page 2 of 5 Chief Stivers reported on the following: 1) Press Release with an update on the Garza Fire. Avenal was not in any danger and they are informing the community through Facebook and the Rave link. Councilmember Woolley commented coming into Avenal, it looked like the fire is heading to Black Mountain. Chief Stivers responded that he did drive to Avenal, as he wanted to see where the flames were. When he left Hanford, it looked like the Avenal Cutoff was on fire because of all the smoke. As he got closer to the Avenal Cutoff, it looked like I-5 and the hills were on fire. When he went over the hill, he had a better perception of the fire and Avenal was not in danger. Scott Davis mentioned that he went out to where Mr. Maldonado’s building is, located on Hwy 33 before Sutter Ave. and it looked like it was coming up Black Mountain but it is actually west by a couple of little valleys. It is farther west and we are in good shape right now. Officer Cisneros announced that the Annual National Night Out event is August 1, 2017 at Rice Park and the Wonderful Company will be putting on an event for the kids. It will be a nice event and she is looking forward to seeing everyone there. Melissa Whitten, City Manager, introduced Louisa Starne as the new Theater & Event Coordinator. She was originally scheduled to be introduced at the August meeting but was in attendance. Louisa has hit the floor running, asking many questions and they had a productive meeting. Louisa, is an Avenal High graduate and lives in town. We are happy to have her on board. 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 Department; 2) Code Enforcement; 3) Park & Landscaping; 4) Animal Control; 5) Streets; 6) Water Distribution; 7) Waste Water Collection; and, 8) Vehicle, Equipment, & Building Maintenance. 2) Community Development Department Activity Report: Fernando Santillan, Community/Economic Development Director Fernando Santillan, Community/Economic Development Director reported the following: 1) An award of nearly $112,000 from the CA Housing and Community Development Department for further improvements at Rice Park and to assist with the new gym project; 2) Water Meter Update Project; 3) Transit Hub Update. Final improvement plans have been approved and the construction bid is expected to go out this month; 4) The 18” Water Transmission Line Replacement Project Update; 5) Assistance to brokers, developers, and site selectors relating to commercial real estate development; 6) Cielito Lindo #2; and, 7) Housing Programs. 3) Avenal Police Department Activity Report: Chief Stivers Chief Stivers reported the following: 1) Threats investigations - handgun recovered; 2) Sexual assault suspect arrested; 3) Wildfire in the hills – teens cited; 4) Drug user trespassing on school grounds; 5) Officer Cisneros meeting at 500 Alpine St.; 6) Senior Officer Storm presented 130 G.R.E.A.T. graduation certificates; 7) MOU with El Palmar to access community building at any time of the day; 8) CAD Calls; and, 9) Monthly Statistical Report. B. Special Presentations/Requests: 1) None. PUBLIC HEARING(s): 1. None. Joint Meeting City Council/Successor Agency/Housing Authority July 13, 2017 Page 3 of 5 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 21 days and reviewed again at the August 10, 2017 City Council meeting. A motion was made by Councilmember Woolley to, approve ongoing emergency Resolution, and specifically, moved that prior to the expiration of the 21st day, the emergency Resolution be renewed for an additional 21 days after the conclusion of the 21 days, unless a Council member or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Preciado. NOES: None. ABSENT: Moreno. 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 21 days and reviewed again at the August 10, 2017 City Council meeting. A motion was made by Councilman Gravelle to, approve ongoing emergency Resolution, and specifically, moved that prior to the expiration of the 21st day, the emergency Resolution be renewed for an additional 21 days after the conclusion of the 21 days, unless a Council member or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. NEW BUSINESS: A. Consider Awarding Bid for Demolition of Old Waste Water Treatment Plant/Facilities: Mr. Davis presented, that as per City Council’s direction, on June 22, 2017, Staff has received four (4) quotes for the demolition and burial of the clarifier, digester and concrete building at the old waste water plant located south of Salem Avenue and east of Hwy. 33. Quotes received as follows: Cencal Demolition $33,120.00 Kroeker, Inc. $48,897.00 HD Matthews $58,868.00 Williams Excavation $65,000.00 Staff is recommending the following: By Resolution, authorize the City Manager to enter into an agreement with Cencal Demolition for the demolition of the structures at the old waste water plant in an amount not to exceed $33,120.00. By motion, also approve the following drawdown from the Sewer Fund reserves in the Joint Meeting City Council/Successor Agency/Housing Authority July 13, 2017 Page 4 of 5 amount of $33,120.00, transfer that amount into the FY 2017/18 Sewer/Waste Water Treatment Department 15.15100.725; and, let the FY 2017/18 budget reflect the change. After a brief discussion the following action was taken. RESOLUTION NO. 2017-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CENCAL DEMOLITION FOR DEMOLITION OF THE OLD WASTE WATER TREATMENT PLANT/FACILITY LOCATED SOUTH OF SALEM AVENUE EAST AND OF HIGHWAY 33. A motion was made by Councilman Gravelle, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Gravelle commented on the following: 1) Farmers Market will be held Friday. It will be hot, but it is an evening event. Melissa Whitten, City Manager commented on the following: 1) Woke up due to the fire at 3:30 a.m. and drove to County line. Mayor Preciado commented on the following: 1) Thanked Chief Stivers, the Forestry Department, Cal Fire and all participants in regards to the fighting of the Garza Fire. City Council went into Closed Session at 6:40 p.m. CLOSED SESSION: (City/Successor Agency/Housing Authority): A. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6). It is the intention of this governing body to meet in closed-session to review its position and to instruct its designated representatives: Designated representative(s): RE: City Employees/APOA, 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: 040-175-027 & 040-175-028 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: City/Other Instructions to negotiator concerning: Terms. Property Description: Portion Northwest Quarter, Northwest Quarter of Section 11, Township 22 South, Range 17 East, M.D.B. & M. Joint Meeting City Council/Successor Agency/Housing Authority July 13, 2017 Page 5 of 5 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Bright House Networks 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 7:58 p.m. with the following action: RESOLUTION NO. 2017-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN ANO EXECUTE ADDENDUM NO. 2 TO THE LEASE AGREEMENT BETWEEN BRIGHT HOUSE NETWORKS (FORMERLY TIME WARNER CABLE) AND THE CITY OF AVENAL. 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. There being no further business, the City Council meeting was adjourned at 7:59 p.m. Respectfully Submitted, Maria Ortiz, City Clerk

Agenda

CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING AUTHORITY THURSDAY, JULY 13, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS ST.; AVENAL, CA 93204 Study Session: 4:45 PM – Roberts Rule of Oder: Michael Farley, City Attorney 5:30 PM – Review City Council Norms and Expectations with City Staff LAST ORDINANCE: 2015-02 CITY LAST RESOLUTION: 2017-36 PFA LAST RESOLUTION: 2017-01 5:50 p.m. Break Prior to 6:00 p.m. Meeting A G E N D A The Publican Public an Rehabilitation Act 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 June 19, 2017, June 22, 2017 and July 6, 2017: (Discussion/Action). B. City Warrants and Financial Statements for June: (Discussion/Action). C. Ratify Amended Resolution for Steam House Entertainment: (Discussion/Action). 4. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. None. 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) Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Director (A); -2- 2) Community Development Department Activity Report: Fernando Santillan, Community/Economic Development Director 3) Avenal Police Department Activity Report: Chief Stivers B. Special Presentations/Requests: 1) None. 7. PUBLIC HEARING(s): 1. None. 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 Awarding Bid for Demolition of Old Waste Water Treatment Plant/Facilities: (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. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6). It is the intention of this governing body to meet in closed-session to review its position and to instruct its designated representatives: Designated representative(s): RE: City Employees/APOA, 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: -3- 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: 040-175-027 & 040-175-028 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: City/Other Instructions to negotiator concerning: Terms. Property Description: Portion Northwest Quarter, Northwest Quarter of Section 11, Township 22 South, Range 17 East, M.D.B. & M. Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Bright House Networks 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 July 10, 2017. ______________________________________//SS// Maria Ortiz, City Clerk

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