City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 4. – A. CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY THURSDAY, SEPTEMBER 14, 2017; 6:00 P.M. AVENAL CITY HALL 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:10 p.m. Council Members Absent: Woolley, Ovalle. Staff Present: Whitten, Ortiz, Perkins, Santillan, Stivers, Verdugo, Davis. Legal Counsel: Jennie Barkinskaya. PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado. ROLL CALL: Councilman Lou Gravelle, Councilmember Rosa Moreno, Mayor Alvaro 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 – Approval of Minutes for August 10, 2017: B. City Warrants and Financial Statements for August: A motion to approve the Consent Calendar was made by Councilmember/Successor Agency/Housing Authority Member Gravelle, seconded by Councilman/Successor Agency/Housing Authority Member Moreno and carried. Roll Call Vote: AYES: Gravelle, Moreno, Preciado. NOES: None. ABSENT: Woolley, Ovalle. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY//ITEMS FOR CONSIDERATION: A. None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Lissette Arredondo stated the following: 1) On September 17, 2017 the Saint Joseph Catholic Church will be holding a Patriotic Festival open to the community; 2) This Patriotic Festival is to create unity through culture, language, food, joy and entertainment. Also, it is a fun way to fundraise for the Saint Joseph Catholic Church community; 3) Last year, Anna Nieto and Shelia Verdugo donated money to rent a bounce house, but this year they are coming to the City Council to request the use of one of the Recreation Department’s bounce houses. Gabriel Nieto and Mario Felix, City Employees, are willing to donate their time to oversee the bounce houses; and, 4) if this is not possible, they would like to request a donation of $120.00 to rent a bounce house from a local business. She thanked the City Council for their time and consideration. Melissa Whitten, City Manager stated that bounce houses and different recreational equipment belong to the public. However, Staff has a policy that the City of Avenal does not rent nor loan equipment out, as the City would be held responsible for any injuries or damages. Also, the City Council considers funding requests received by May 1st; and, any request after May 1st, by Joint Meeting City Council/Successor Agency September 14, 2017 Page 2 of 8 resolution, would be considered on a case by case basis. The request needs to be in writing and the Council can grant up to $200. As this item was not on the agenda, by law, no action can take place. Ms. Arredondo asked when a memo could be submitted in the future. Ms. Whitten stated that meetings are held second and fourth Thursday of each month. Staff would need a memo the first week of the month to give staff time to prepare and include in the agenda packet for the second Thursday of the month. 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. Mayor Preciado and Councilmember Moreno stated that at Chat with Council, a resident had a request for Public Works Department to have landscaping zones within Avenal as the Police Department has for patrol. Mr. Davis stated as of now, they have four crew members and one supervisor for the whole City. At times, you can see all of the crew members working in the same area to cover only City-owned properties. 2) Community Activities Department Activity Report: Shelia Verdugo, Supervisor Shelia Verdugo, Supervisor reported the following: 1) Kidz Spot; 2) Farmers Market; 3) Family Art Night; 4) Day of the Family/ September 30, 2017 at Rice Park 9:00 a.m. – 1:00 p.m.; and, 5) Next month’s events are as follows: the last Farmers Market’s theme is Octoberfest, the Fall Festival at Avenal Elementary School, the Pistachio Festival and dance class signups and orientation on September 24, 2017 at the Avenal Theater. Mayor Preciado expressed concern as events have been shortened by one (1) hour and wanted to know why? Sheila Verdugo answered, as Staff has started to do three (3) hour events as the four (4) hour events end up with Staff hosting an event for two (2) hours, because the community comes one (1) hour later or leaves an hour early. This helps with Staff overtime, the cost of that time and coordination of volunteers for that time. Also, booth personnel preferred the three (3) hour length because of their travel time. 3) Utilities Departmental Report: Ronald Brumley, Supervisor Ronald Brumley, Supervisor, has a quick update on the THM issues. They have been in compliance at three (3) of the four (4) sites now for over a year. There is one (1) site which has been in compliance for two (2) years; the State recommends one (1) full year, or four (4) quarters of samples in compliance before the administrative order will be dropped. The numbers have been averaging in the 50’s, whereas, the limit is 80’s. The last sample was in the teens. He mentioned that the treatment has gotten better and water quality through the canal has improved which has helped. Staff is still working on alternative treatment options, but for now, what they are doing is sufficient. Mayor Preciado asked when the year will be met. Mr. Brumley stated the next sample is taken in October and again on January 1, 2018, this will be the four (4) quarters. If the last two (2) Prison site samples are in compliance, the order will be dropped. The three other sites have been in compliance for one (1) year. Mayor Preciado announced that the public should remember that even if the sites are out of compliance, it does not mean that the water is not safe to drink. Ms. Whitten thanked Staff who kept operations going through the drought, water shortage, and, the lack of water movement in the canal. Staff, as difficult as it was, continued to try to comply using everything they could and still continued delivering good drinking water. Mayor announced that Avenal is not the only city on the Westside that is getting water from the aqueduct with this problem. Huron, Coalinga, Avenal and Lemoore Naval Air Station are also having issues with THM’s. Joint Meeting City Council/Successor Agency September 14, 2017 Page 3 of 8 B. Special Presentations/Requests: 1) Mid Valley 2nd Quarterly Report: Isaac Kulikoff. Isaac Kulikoff, gave his 2nd Quarterly Report as follows: 1) Two recycling presentations for Tamarack Elementary School; 3) Mid Valley attended the Avenal Easter event at the park; 4) Commercial site visits; 5) 2nd Quarter tonnage report; and, 6) he brought a sample of compost from their new facility the “Green Machine”. If anyone would like a tour, please contact him to get one scheduled. PUBLIC HEARING(s): 1. Consider Approving Proposed Rental Fee for the Avenal Theater and Event Center Facility Fees and Charges: • Staff Report. • Public Hearing. • Consider Resolution. Louisa Starne reported that the current approved rental fees for the Avenal Theater and Event center were reviewed and revised to help cover Staff and monthly expenses, and to give a wider range of rental options. She stated there were two changes which are for the cinema rooms. The kitchen will be on a first come, first serve basis. If there are multiple rentals, the party who rented first would have priority over the kitchen at no extra cost, and if they didn’t want to use it, would go to the next rental. Ms. Whitten asked for clarification on why Mrs. Starne felt that the fees needed to be updated. Mrs. Starne stated she felt the rental cost as listed were confusing and there were many questions, which she could not answer. She is trying to keep the costs down for the community. Based on the Theater’s estimated monthly expenses average, an hourly rate of $60 per hour was decided on for rentals. This rate will cover the Staff’s hourly rate and a discounted rate of monthly expenses per hour. An extra one-time fee of $15 will be charged for use of audio and visual equipment. Non-Profits will be charged half the price or the lower of the hourly rate of resident fees depending on the type of rental. All deposit fees are fixed for residents and non- profits. Non-residents will be charged 20% more for rentals and the required deposit. Staff recommends by resolution approval of the revised rental fees for the Avenal Theater and Event Center. Mayor Preciado commented that rental fees will need to be revisited again in the near future. Mayor Preciado opened the Public Hearing to Consider Approving the Proposed Avenal Theater and Event Center Facility Fees and Charges at 6:51 p.m. With no comments from the public Mayor Preciado closed the Public Hearing at 6:51 p.m. After a brief discussion, the following action was taken: RESOLUTION NO. 2017-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING RENTAL FEES AND CHARGES FOR USE OF THE AVENAL THEATER AND EVENT CENTER FACILITY. A motion was made by Councilman Gravelle, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Gravelle, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: Moreno. OLD BUSINESS: A. Consider Renewing Local Water Emergency – Declared on February 27, 2014: Joint Meeting City Council/Successor Agency September 14, 2017 Page 4 of 8 Ms. Whitten stated that Staff has been extending our Local Water Emergency since Declared on February 27, 2014. As most of you know, we had a good water year this past year and the Local Water Emergency has been mitigated and is no longer in effect. If the City Council chooses or feels that Staff still needs to extend the Local Water Emergency, please make the motion to do so. She continued that Staff has provided a resolution which would terminate the Local Water Emergency, if the City Council is comfortable with doing that. The Director of Emergency Services, which is Chief Stivers is recommending the Local Water Emergency, as per Resolution 2014-11, be suspended/terminated immediately upon approving the resolution due to improved water conditions within the City of Avenal and the State of California. The purpose of declaring an emergency; is that it brings resources to the City of Avenal, County and State. Mayor Preciado announced that the City of Hanford’s Water Park was closed due to well water concerns and to recharge their aquifers. He also said, even if the drought is over, the community should keep conserving water. Ms. Whitten mentioned that the City of Avenal is required due to being a contract city by the United State Bureau of Reclamation, we are required to have a water conservation plan regardless of it being a 100% water year or 50% year. The rules and regulations for Water Conservation Phase I remain in effect. After a brief discussion, the following action was taken. RESOLUTION NO. 2017-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUSPENDING/TERMINIATING THE LOCAL WATER EMERGENCY DECLARED ON FEBRUARY 27, 2014. A motion was made by Councilman Gravelle, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Gravelle, Moreno, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: None. B. Consider Renewing Local Emergency Due to Flooding Conditions – Declared on March 9, 2017: Ms. Whitten stated that the County has terminated their Local Flood Emergency and as we have supported it even though we did not have as many problems with flooding in our area. Staff is requesting the City Council consider terminating Local Emergency Due to Flooding Conditions – Declared on March 9, 2017 as the County has terminated their Flood Emergency. Chief Stivers, Director of Emergency Services, is recommending termination of the Local Emergency Due to Flooding Conditions. After a brief discussion, the following motion was taken: Councilmember Moreno made the motion to Renew the Local Emergency Due to Flooding Conditions – Declared on March 9, 2017. There was no second, so the motion was lost/denied. After a brief discussion, the following action was taken. RESOLUTION NO. 2017-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUSPENDING/TERMINIATING THE LOCAL FLOOD EMERGENCY DECLARED ON MARCH 8, 2017. A motion was made by Councilman Gravelle, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Gravelle, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: Moreno. Joint Meeting City Council/Successor Agency September 14, 2017 Page 5 of 8 NEW BUSINESS: A. Consider the Grinder Auger Monster Repairs: Ronald Brumley, Utilities Supervisor, reported that since Council approved the repairs needed for the Auger Monster, he has spoken with a representative from JWC who has given him two (2) other options. 1st option is to upgrade the existing grinder for a newer model including a new railing system. Our current railing system has begun to fail and needs replaced. Price for this option would be $33,583.00. 2nd option is to upgrade the existing grinder with the newer model including the railing system. This would be for a smaller unit that is 18" and designed to handle a flow of up to 1.8 million gallons per day. The original model and the model in Option #1 are 54" grinders designed to handle a flow of up to 8 million gallons per day. He continued that the Wastewater Treatment Plant has a design flow of 1.67 million gallons per day and an average daily flow of less than 1 million gallons per day. The design engineers at JWC have stated that the 18" grinder would be sufficient for our application. The smaller unit would also have a lower rebuild cost due to its size. Price for this would be$23,587.00 and previous approval was in the amount of $23,508.00. Staff recommends: 1) by Resolution, authorize staff to enter an agreement with JWC Environmental to upgrade the Auger Monster, in the amount of $23.587.00 in lieu of the $23,508.00 originally approved; and, 2) by motion, authorize Staff to drawdown funds from CIP Account 75.15100/726 and transfer to FY 2017/18 City Budget, 15.5100.726; and let the budgets reflect the change. After a brief discussion, the following motion was taken. RESOLUTION NO. 2017-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JWC ENVIRONMENTAL FOR THE REPAIR TO THE AUGER MONSTER (GRINDER) AND NEW RAILING SYSTEM. A motion was made by Councilman Gravelle, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Gravelle, Moreno, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: None. B. Consider InfoSend to Process and Mail Monthly Utility Billing: Dawn Perkins, CPA, Administrative Analyst, reported that in April 2017, Staff met with InfoSend representatives regarding the possible outsourcing of the processing and mailing of the City's monthly Utility Billing. A cost comparison was done to determine whether this would be a cost-effective way to process the billing versus the current processing method. It was determined the outsourcing would be comparable to the cost currently expended. She continued that there have been problems with the United States Postal Service processing of the Utility Billing postcards that are currently in use. The postcards have been scanned incorrectly, torn to shreds in their automated processing machine and/or rejected. This has caused citizens not to receive their bills and shut-off notices in a timely manner, thus causing penalties to be posted. Staff has the option to provide the billing statements with full color printing or a combination of colors with other visual graphs and room for messages to notify users without the restriction of the number of characters to be used. Also, copies of the utility bills will be archived and address changes that are reported by the USPS will be relayed for further processing. Joint Meeting City Council/Successor Agency September 14, 2017 Page 6 of 8 Staff recommends by Resolution: authorize the City Manager to enter into an agreement with InfoSend for monthly printing and mailing services of the Utility Billing, and ratify her signature on the agreement, at a cost not to exceed $1,650.00, plus tax per month. After a brief discussion, the following action was taken: RESOLUTION NO. 2017-51: 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 EXECUTION OF THE AGREEMENT WITH INFOSEND TO PROVIDE PROCESSING AND MAILING OF UTILITY BILLS. A motion was made by Councilmember Moreno, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Moreno, Gravelle, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: None. C. Consider Quotes for Street Striping: Scott Davis, Public Works (A) stated that after completion of the slurry seal project on First Avenue and San Joaquin Street, the paint striping needs to be redone. There are also other streets that are in need of striping after being reconstructed. The striping will be on First Avenue from San Joaquin Street north to the end of First Avenue, Third Avenue from Alpine Street south to Highway 33, Fifth Avenue from Monterey Street south to Highway 33 and San Joaquin Street from Skyline Boulevard west to Third Avenue. Staff has received three (3) quotes for this work. 1. T&T Pavement Markings and Products Inc. $8,687.00 2. California Striping Service, Inc. $9,467.00 3. Womack Striping, Inc. $10,265.00 Staff is recommending that by Resolution: authorize the City Manager to enter into an agreement with T&T Pavement Markings and Products Inc. for striping the listed streets, in the amount not to exceed $8,687.00. RESOLUTION NO. 2017-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH T&T PAVEMENT MARKINGS AND PRODUCTS INC. FOR PAINT STRIPING OF VARIOUS STREETS WITHIN THE CITY OF AVENAL. A motion was made by Councilmember Moreno, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Moreno, Gravelle, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: None. D. Consider Quotes for Sidewalk Replacement: Mr. Davis reported that due to the soil conditions in our city, there is a problem with the sidewalks heaving and causing unsafe conditions. Staff has removed several areas of sidewalk and backfilled them with sand or road base. At this time, there is approximately 173 linear feet of sidewalk that needs replaced. Staff has contacted three (3) companies for quotes to replace these areas of sidewalk. 1. American Stamped Concrete 2. Olea Engineering 3. Browning Contractors, Inc. Joint Meeting City Council/Successor Agency September 14, 2017 Page 7 of 8 Staff recommends by Resolution: authorize the City Manager to enter into an agreement with American Stamped Concrete to replace sidewalks. Staff would like to increase the not to exceed amount to $15,000.00, due to the possibility of needing more sidewalks replaced before the work is complete. After a brief discussion, the following motion was taken. RESOLUTION NO. 2017-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN STAMPED CONCRETE TO REPLACE SIDEWALKS AVENAL. A motion was made by Councilmember Moreno, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Moreno, Gravelle, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Gravelle reported the following: 1) a resident asked who owned the property on Skyline Blvd. before getting to Hwy 33 and if there were a possibility of placing a bench-set with a trashcan. Mr. Davis stated that he would take a look into and take care of it. Councilmember Moreno reported the following: 1) the City doesn’t have a place where residents can hold a meeting without needing to pay for insurance. She had not heard of this in other cities. Also, she had received a call as to where City Council Meetings are held, she responded that they are at the theater, but noticed there are no signs for directions to the meeting rooms in the theater. Those are little things we can work on. Ms. Whitten stated that the City is part of a Pooled Insurance Authority. If the City is sponsoring a meeting or event, the City’s is liable under our insurance. If there is no transfer of risk with the Sponsoring party’s insurance, the City of Avenal will be liable. This is something that the Risk Management Authority Insurance has in place and requires the city to the transfer of risk. There are cities that are not part of an insurance pool and they will do whatever they choose to do, but the City of Avenal is a part of this pool of insurance and this is not negotiable. Ms. Whitten reported the following: 1) thanked the Recreation Department, Community Development and Public Works for a wonderful Farmers Market; 2) commended the Rotary Club for their 911 Ceremony; 3) the open house for Champions beautiful new facility on 6th Avenue; 4) Pistachio Festival – October 19 – 21, 2017; she encourages the community to come out. Mayor Preciado reported the following: 1) City/County Coordinating meeting; 2) a new facility is coming to Hanford to make fast cars and provide many high paying jobs at the PerLees Factory; 3) the Farmers Market; 4) Councilmember Woolley and Mayor Pro Tem Ovalle are at the League of City meetings; and, 5) helping at the Day of the Family. City Council went into Closed Session at 7:45 p.m. CLOSED SESSION: (City/Successor Agency): 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 basis exists for closed-session for anticipated litigation (Government Code § 54956.9(d) (3)). Number of potential cases is: 1. Joint Meeting City Council/Successor Agency September 14, 2017 Page 8 of 8 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: 038-010-040/ 324 W. San Joaquin Street. Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Vieira/Gutierrez. 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. C. 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 it’s designated representatives: Designated representative(s): RE: City Employees/APOA, ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 8:42 p.m. Respectfully Submitted, Maria Ortiz, City Clerk