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 MONDAY, SEPTEMBER 10, 2017; 6:00 P.M. AVENAL CITY HALL 919 SKYLINE BLVD.; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:01 p.m. Council Members Present: Woolley, Moreno, Gravelle, Ovalle, Preciado. Council Members Absent: None. Staff Present: Whitten, Ortiz, Perkins, Santillan, Stivers, LaBlue, Davis. Legal Counsel: Michael Farley, 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. Melissa Whitten, City Manager is requesting that the City Council consider moving one (1) Close Session Item- CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6). Designated representative(s): RE: City Employees/APOA and to consider other Closed Session items after the meeting. A motion was made by Councilman Gravelle to move one (1) Closed Session Item- CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6). Designated representative(s): RE: City Employees/APOA. And consider other Closed Session items after the meeting, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. 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 July 13, 2017, July 25, 2017: B. City Warrants and Financial Statements for July: A motion to approve the Consent Calendar was made by Councilmember/Successor Agency/Housing Authority Member Woolley, seconded by Councilman/Successor Agency/Housing Authority Member Gravelle and carried. Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Pro Tem Ovalle abstained from warrant 43231. Joint Meeting City Council/Successor Agency August 10, 2017 Page 2 of 9 MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Public Works Department: Introduce New Employee – Alvaro Pulido, Landscaping: Scott Davis, Public Works Director (A). Scott Davis, Public Works Director (A) introduced Alvaro Pulido, Landscaper/Park Maintainer, who has been with the City for about a month now. The City Council welcomed Alvaro Pulido to the City of Avenal. B. Avenal Police Department: Introduce New Employee – Juan Diaz, Police Officer: Chief Stivers. Chief Stivers introduced Juan Diaz, Police Officer, he graduated from the Police Academy a few weeks ago. Mr. Diaz has had an eventful first three weeks on patrol. Mr. Diaz is an Avenal graduate, with 20 years in the Army, completed two (2) tours in Iraq and is now retired as an Army Captain. The City Council welcomed Juan Diaz, back to Avenal. City Council went into Closed Session for one (1) item at 6:06 p.m. The meeting reopened at 6:32 p.m. with no action out of Closed Session. PUBLIC COMMENT / ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Enrique Jimenez, President of Responsible Athletes Program, stated that he would like to give his presentation because has a soccer team waiting. Councilmember Woolley made a motion to move item 6. B. 2) to Public Comment, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Enrique Jimenez reported the following: 1) activities for the months of April – June; 2) Baseball - 193 kids; 3) Sports Academy - 100 Kids; 4) Spirit Squad teamed up with the Avenal High School Cheerleaders - 22; 5) Annual Summer Basketball; 6) a Fundraiser Coordinator is proposed to be hired part-time (20 hours) to run the concession stand; 6) the Wonderful Company funding has come through for 2017. He appreciates the funding the City Council has provided to RAP which shows faith in what they’re doing; and, 7) Upcoming events: soccer and Turkey Bowl. Councilmember Moreno asked if the Responsible Athletes Program provide reports for the Wonderful Company? Mr. Jimenez stated “Yes, monthly.” Wonderful has a new donations team and they are excited to be working with RAP. Ms. Whitten wanted to point out to Mr. Jimenez that he understands that the City’s funding was also contingent upon Wonderful Company. Wonderful Company funds calendar year and City funds fiscal year and they can be faced with funding requests each year. 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 on 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. Joint Meeting City Council/Successor Agency August 10, 2017 Page 3 of 9 2) Community Development Department Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director commented on the following: 1) graduation ceremony for the inaugural class of Technology Training Center; 2) 2017 Resnick Aspen Action Forum attendance; 3) water meter update project to benefit the Public Works and Utilities Department; 4) Pre-bid meeting for Avenal Transit Hub; 5) the 18" Water Transmission Line Replacement project; 6) Energy Efficiency projects; 7) housing program is busy with foreclosures, tax sales, subordination requests, reconveyances and payoff demand requests; 8) Procurement for CDBG projects – an environmental consultant RFP will go out this month; 9) the I-5 Highway Commercial Marketing project’s draft brochure has been developed and will be shared with Council before posting to LoopNet; 10) Zoning Ordinance updates and minor revisions as part of General Plan Update project; 11) potential new business owners interested in doing projects in Avenal. Provided them with financing resource contacts and are assisting with the planning phases; and, 12) Met with County to discuss partnership on GIS (Geographic Information Systems) which will help the Planning Department better map infrastructure, land use elements, demographics, and other valuable information. 3) Avenal Police Department Activity Report: Chief Stivers. Chief Stivers reported the following: 1) Suspect violates emergency protective order within an hour after jail release; 2) Father/son argument leads to homicide; 3) investigation of traffic collision with two DUI arrests; 4) Officer Tapia located a firearm during a contact; 5) Officer Stryd makes narcotic sales arrest; 6) Sergeant Crippen located a stolen vehicle; 7) Officer Diaz makes felony arrest on his first day; 8) Child stealing leads to Officer injury; 9) thanked Public Works Department & CRT; 10) CAD calls; and, 11) Monthly Statistical Report. B. Special Presentations/Requests: 1) Mid Valley Quarter 2 Activity Report: Issac Koolohkoff. Ms. Whitten mentioned that Mid Valley asked to be rescheduled for next City Council meeting. 2) Responsible Athletes Program (RAP) Activity Report: Enrique Jimenez, President Item moved to Public Comment. PUBLIC HEARING(s): 1. None. OLD BUSINESS: A. Consider Extending Local Water Emergency - Declared on February 27, 2014: Ms. Whitten updated the City Council regarding the Board of Supervisors meeting which terminated the Water Emergency and Flood Condition Declarations. Ms. Ortiz contacted the County Clerk to verify they had terminated Local Water Emergence and Flooding. The City Council has three options: 1) continue renewing resolutions; 2) terminate the resolutions; and/or, 3) approve by title resolution and ratify the resolution at the next meeting. 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 September 14, 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. Joint Meeting City Council/Successor Agency August 10, 2017 Page 4 of 9 Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Ms. Whitten needed clarification from the City Council that Staff would bring Resolution to terminating Water Emergency and Flood Conditions to the next meeting. The Council is in agreement. 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 September 14, 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: Ovalle, Preciado, Woolley, Moreno, Gravelle, NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Consenting to the Inclusion of Properties within the Territory of the City of Avenal in the California Municipal Finance Authority (CMFA) Open PACE Program and Authorizing Other Related Actions by Resolution: Ms. Whitten stated Staff was contacted by Former Senator Dean Flores to discuss Energy Efficient Equity, lnc.'s interest in providing the open Property Assessed Clean Energy Program (PACE) Program to residential and commercial property owners within the City of Avenal. Taylor Libolt, Director of Municipal Development, reported she represents E3 CMFA program, a competitor to Ygrene, which is actually still around. The City Council has done a great job so far by fostering competitive market for improvements by adding Hero and Ygrene in 2016. There a newer program that would like to add another financial option for improvements. Also, other three (3) cities in Kings County have approved the program; and working with the county to offer the program in the un-incorporated areas and they are excited to see the work in the Central Valley. Ms. Whitten understood that Ygrene was no longer involved in this. How many companies are doing this still? Ms. Libolt stated that it is confusing, they are the actual sponsoring program, which consists of the JPA and the administrators. It can sometimes seem that there are 20 programs, however, there are only five (5) main statewide programs and this will be the third. If the administrators want to go into your city, they would work with the sponsoring JPA to join PACE program. The City Council expressed concerns about solicitors, complaints of disclosure of financial payments and what percentage goes to the city. Ms. Libolt stated the following 1) she checked and none of their contractors were engaging in telephone marketing campaigns and she informed contractors that no phone marketing was allowed; 2) the California Legislator, in the last cycle in 2016, signed in a PACE disclosure bill that standardized all the disclosures to bring it in line with the Truth in Lending Act requirements. In addition, the company informed the home owners making sure they understand that there is a payback on their agreement and to address any concerns; and, 3) an issuance fee is charged with a small amount retained and the rest is donated to charity in your community. Joint Meeting City Council/Successor Agency August 10, 2017 Page 5 of 9 Staff recommends the City Council approve by resolution the City's participation in the California Municipal Finance Authority ("CMFA") Open Property Assessed Clean Energy ("PACE") Program: 1) Authorizing the CMFA to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the City and authorizing related actions; and, 2) Authorizing the City Manager, or designee thereof, to execute all documents and take any actions necessary and appropriate to carry out the intent of this resolution. RESOLUTION NO. 2017-40: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS. A motion was made by Councilman Gravelle, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Notice of Completion for 2015 Highway Intersection Project: Mr. Davis reported the 2015 Highway Intersection Project was completed on August 3, 2017 by Papich Construction. Staff has completed the final inspection and has accepted the project. Staff recommends by Resolution, to authorize the City Manager to sign and file the Notice of Completion on said project. RESOLUTION NO. 2017-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE 2015 HIGHWAY 269 INTERSECTION PROJECT. A motion was made by Councilman Gravelle, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider 2017 Slurry Seal Project Quotes: Mr. Davis reported this year we would like to slurry seal First Avenue from San Joaquin Street, north to the middle school; San Joaquin Street from Skyline Boulevard to Third Avenue; and, Corcoran Avenue from Hydril Road, south to Kern Street. Staff has received three (3) quotes for Caltrans Standard Spec 37-3, Type Slurry Seal on these streets which are as follows: 1. Asphalt Maintenance Company of California $87,996.00 2. Roy Allan Slurry Seal Inc. $87,996.00 3. Doug Martin Contracting Co., Inc. $93,529.40 Staff recommends approval by Resolution, to authorize the City Manager to enter into an agreement with Asphalt Maintenance Company of California for slurry sealing the above-referenced streets in an amount not to exceed $87,996.00. Mr. Davis did note he chose Asphalt Maintenance Company of California because they are out of Visalia and local. Roy Allan Slurry Seal Inc. from Southern California would have cost more in mobilization and might possibly change their mind before coming to Avenal. Joint Meeting City Council/Successor Agency August 10, 2017 Page 6 of 9 After a brief discussion the following action was taken: RESOLUTION NO. 2017-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ASPHALT MAINTENANCE COMPANY FOR THE 2017 SLURRY SEAL PROJECT. A motion was made by Councilmember Moreno, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Moreno, Ovalle, Woolley, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. D. Consider Quotes to Repair Right-of-Way Areas on Seventh Avenue: Mr. Davis stated after the recent water leaks on Seventh Avenue, there are areas where the asphalt needs to be replaced for a total of 1,500 sq. ft. that needs replacement. Staff contacted three (3) contractors for quotes as follows: 1. Mark Hoffman General Engineering $15,166.00 2. Emmett Valley Construction $19,000.00 3. Yarbs Grading & Paving $24,685.00 Staff recommends by resolution, to authorize the City Manager to enter the following into an agreement with Mark Hoffman General Engineering for paving areas of Seventh Avenue in an amount not to exceed $15,166.00. After a brief discussion the following action was taken: RESOLUTION NO. 2017-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MARK HOFFMAN GENERAL ENGINEERING FOR THE ASPHALT PATCHING OF SEVENTH AVENUE. A motion was made by Councilmember Moreno, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Moreno, Ovalle, Woolley, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. E. Consider Upgrade and Ratification of Superion Add-On Quote to Add eGov Credit Processing Module to the Currently Licensed Municipal Accounting Software Dawn Perkins, CPA, Administrative Analyst, stated that in January 1999, the City entered into an agreement with Superion (formerly known as SunGard Public Sector LLC/Pentamation) for the current municipal fund accounting software. Superion has added a Credit Card processing and web payments module that directly interfaces with the current FinancePLUS version 5.1 and the CommunityPLUS version 9.1 for all types of payments. This module will allow credit card payments to be directly entered into the Cash Receipts module without the need for manual entry from the current credit card processor, Convenient Payments, thus reducing the possibility of errors in entry. Superion has submitted a quote to add this module to our software at a cost not to exceed $10,460.10 which was included in the Fiscal Year 2017-2018 budget. Staff recommends that by Resolution, authorize the City Manager to enter into an agreement with Superion for the additional module and ratify her signature on the agreement, at a cost not to exceed $10,460.10, plus tax. RESOLUTION NO. 2017-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL TO ENTER INTO AN AGREEMENT AND RATIFY THE SIGNATURE OF THE CITY MANAGER ON THE Joint Meeting City Council/Successor Agency August 10, 2017 Page 7 of 9 EXECUTION OF THE SUPPLEMENT TO THE SUNGARD PUBLIC SECTOR LLC APPLICATION SERVICE PROVIDER AGREEMENT TO ADD THE CREDIT CARD PROCESSING MODULE TO THE CURRENTLY LICENSED FUND ACCOUNTING/BUSINESS LICENSING/FIXED ASSETS AND UTILITY BILLING SOFTWARE. A motion was made by Mayor Pro Tem Ovalle, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Ovalle, Preciado, Woolley, Moreno, Gravelle. NOES: None. ABSENT: None. ABSTAIN: None. F. Consider Inactivation of Housing Authority Fund 92: Mrs. Perkins stated that she mentioned during the budget hearings, the possibility of inactivating the Housing Authority Fund 92. There is still a need in the community for low and moderate income housing. However, currently there are no available funding sources to require Fund 92 for accounting purposes. If there comes a time in which funding becomes available through property taxes or other means, this fund can be reactivated by City Council. Staff is proposing the inactivation of the Housing Authority and Fund 92 by Resolution until which time there becomes a need for the fund for accounting purposes. RESOLUTION NO. 2017-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL TO INACTIVATE THE HOUSING AUTHORITY IN THE CITY. A motion was made by Councilmember Woolley, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Ovalle, Preciado, Woolley, Moreno, Gravelle. NOES: None. ABSENT: None. ABSTAIN: None. G. Consider to Approve New Patrol Car Purchase and Outfitting: Assistant Chief La Blue stated the Avenal Police Department is requesting City Council’s approval for the purchase of two new patrol vehicles and one administration vehicle to replace existing units in our fleet. The two patrol units will replace aging Ford Crown Victoria and the Assistant Chief’s 2010 Ford Expedition, which currently has 159,463 miles on it. He noted only one competitive bid was presented. This process began in June and to date, we have received only one quote from the Gropetti Automotive Family-Visalia Ford. We have called and/or emailed Keller Motors, Monarch Ford, Swanson Fahrney Ford, Future Ford, Paso Robles Ford, Jim Burke Ford in Bakersfield, Porterville Ford, and Folsom Ford in Sacramento. He noted that all dealers base their pricing on the State of California contract pricing, Contract 1-l 5-23-l 4B which was awarded to Folsom Lake Ford in Sacramento. This contract quotes the base price of a Ford Police Interceptor Utility (minus the ballistic door panel option) at $25,842.30 per unit, including an extra $800 per unit and total should be $51,748.46. However, when a dealership orders cars in large quantities (25), they get what is called concession order, where they get price cuts from Ford. The dealership did mention that the price should be lower than what was quoted once the concessions come in. However, it will take two months for the cars to be built, but in that two months, they should have enough for a concession and the price will be lower. Gropetti Automotive Family-Visalia Ford quoted a price of $50,128.94 for both patrol vehicles or $25,064.47 each before tax and doc fees. This price is $712.99 below that of the state contract. It should be noted that the cost of the options on the administrative vehicle are higher due to items being factory installed versus similar items being installed by Cooks Communication (i.e.: center console and LED spotlight). With City Council’s approval, the Avenal Police Department is requesting approval to outfit the three new 2018 Ford Explorer Interceptor SUV Police vehicles. Joint Meeting City Council/Successor Agency August 10, 2017 Page 8 of 9 The following bid is from Cooks Communication for the installation of new equipment on our two patrol 2018 Ford Police Interceptor SUV's: Cook's Communication $22,363.60 The following bid is from Cooks Communication for the installation of new equipment on our administration 2018 Ford Police Interceptor SUV: Cooks' Communication $3,792.93 He stated the total amount for all three outfitted vehicles is $110,690.30 with tax and fees. There is currently $50,000.00 in the Capital Improvement Project fund 75, account number 45183. This $50,000.00 will be transferred to Fund 10-12500, account 727 (Vehicles) where there is currently $75,000.00 that was budgeted in the 2017-2018 year for vehicle replacement. The amount of $110,690.30 will be expended from Fund 10-12500, account number 727. Staff is requesting approval of the following by motion: 1) Transfer of funding as noted in “Budgetary Impact" above and let the FY 2017/18 Budget reflect the changes; 2) purchase three (3) 2018 Ford Explorer Police Interceptors in the amount of $84,533.77 from Gropetti Automotive Family-Visalia Ford; and, 3) Cooks Communication to outfit all three 2018 Ford Explorer Police Interceptors in the amount of $26,156.53. After a brief discussion the following motions was taken: A motion made by Mayor Pro Tem Ovalle to: 1) Transfer of funding as noted in “Budgetary Impact" above and let the FY 2017/18 Budget reflect the changes; 2) purchase three (3) 2018 Ford Explorer Police Interceptors in the amount of $84,533.77 from Gropetti Automotive Family-Visalia Ford; and, 3) Cooks Communication to outfit all three 2018 Ford Explorer Police Interceptors in the amount of $26,156.53, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Moreno, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Moreno commented on the following: 1) Rey Leon, Huron Mayor, applied for a grant for transportation in Huron with electrical vehicles and someone from the New York Times interviewed the riders. The New York Times article led the New York company, Volunteer Transportation Center Inc., to get in touch with Mr. Leon to offer free training with a computer and software to input information for the disabled, elderly, and homeless in order to provide rides to doctor’s appointments She just returned from New York today and had a lot of fun while learning a lot. Melissa Whitten, City Manager mentioned the following: 1) there will be a Farmers Market on Friday & the Circus will perform from Thursday - Sunday. Mayor Preciado commented on the following: 1) he attended Chat with Council and had a few concerns; 2) on August 11, 2017, he attended the first graduation at the Tech Center and it looked like many students are really into website programming, he was told that it pays $100,000 and it can be done from any place in the world; 3) He assisted with the tour for Assemblyman Rudy Salas of the new Emergency Operations Center and he was impressed. He also attended the tour of the Avenal State Prison with Assemblyman Rudy Salas. Assemblyman Rudy Salas will be addressing local issues with our community and will do a ribbon cutting for the sign entering Avenal; 4) He attended the Water JPA meeting. The Board will be accepting the completion of the Prop 1 application Monday, August 14, 2017; afterwards there will be a celebration with guest speakers; and, 5) August 11, 2017 - Farmer Market from 7:00 – 10:00 p.m. Joint Meeting City Council/Successor Agency August 10, 2017 Page 9 of 9 Melissa Whitten, City Manager, announced that she attended the Talent Show for Kidz Spot on Friday, August 4, 2017. They are talented children and she was impressed by all ten. The top three received certificates. The Kidz Spot program, with the help that they had this summer, made all the difference. Anna was very appreciative of her summer staff and of the children that performed. Also she thanked Anna and Staff. ADJOURNMENT. The meeting reopened at 9:15 p.m. with action as follows: 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: l. A motion was made by Mayor Pro Tem Ovalle to deny claim, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Ovalle, Moreno, Woolley, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. RESOLUTION 2017-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AVENAL AND LEGACY DEVELOPMENT PROPERTIES LLC ESTABLISHING A PUBLIC PRIVATE PARTNERSHIP RELATING TO MARKETING OF 76-ACRES OF HIGHWAY COMMECIAL PROPERTY. A motion was made by Councilmember Woolley, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Woolley, Ovalle, Preciado, Moreno. NOES: None. ABSENT: Gravelle. ABSTAIN: None. There being no further business, the City Council meeting was adjourned at 9:17 p.m. Respectfully Submitted, Maria Ortiz, City Clerk