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 28, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS STREET; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:01 p.m. Council Members Absent: Gravelle, Moreno. Staff Present: Whitten, Ortiz, Perkins, Santillan, Stivers, Verdugo, Davis. Legal Counsel: None. PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado. ROLL CALL: Councilmember Glenda Woolley, Mayor Pro Tem Dagoberto Ovalle, 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 14, 2017: A motion to approve the Consent Calendar was made by Mayor/Successor Agency Member Preciado, seconded by Mayor Pro Tem/Successor Agency Member Ovalle and carried. Roll Call Vote: AYES: Preciado, Ovalle, Woolley. NOES: None. ABSENT: Gravelle, Moreno. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY//ITEMS FOR CONSIDERATION: A. Consider Appointment to the Planning Commission: Fernando Santillan, Community Development Director reported that Planning Commissioner, Connie Garcia, resigned from the Commission in July. Prior to her resignation, staff had received an unsolicited application via the website from a local resident, Homero Solorio, who would like to join the Commission. Mr. Solorio currently serves on the General Plan Citizens Advisory Committee. Since Ms. Garcia was appointed by Councilmember Woolley, staff is requesting her direction with regard to the vacant position. Councilmember Woolley approved appointment of Homero Solorio to the Avenal Planning Commission. B. Consider Funding Request for Dr. Gordon Thurston’s Retirement Celebration: Joint Meeting City Council/Successor Agency September 28, 2017 Page 2 of 6 Melissa Whitten, City Manager, stated that she received a call and email from Dr. Griffin requesting the City Council contribute funds in the amount of $3,000 to assist with Dr. Gordon Thurston’s Retirement Celebration. It is Staff’s understanding other agencies and organizations have also received the funding request. Also, noted in Dr. Griffin’s email, the celebration will be for invited guests. Staff needs direction form the City Council. Councilmember Woolley mentioned that after reading the letter, she had mixed feelings. Dr. Thurston deserves, to be honored for all the time his put into this community and everything he has done for it; but cannot approve spending a large amount of public City money on a private affair. She suggested making a smaller donation. Ms. Whitten spoke with the Mr. Farley, City Attorney. Mr. Farley stated “if the City Council chooses to approve the funding of a certain amount; the City Council would have to make a finding that it is for the greater good of the community, understanding Dr. Thurston’s service to the community”. It would then be appropriate to do so if the City Council so chooses. Staff needs to be careful, as it can also be construed as a gift of public funds. However, Dr. Thurston has served the community in many different ways. This does not preclude anyone from donating personally as an option. Mayor Pro Tem Ovalle also, appreciates Dr. Thurston and what he has done for the community, He was treated by Dr. Thurston. There is a policy in place to request funding in the budget process to be approved. If not request is received, the City Council may approve other funding requests, up to $200. Mayor Preciado made a motion to table this item for the next City Council meeting. There was no second, so the motion was lost/denied. Mayor Pro Tem Ovalle made the motion to approve policy amount of $200.00; with the finding that it is for the greater good of the community understanding Dr. Thurston’s service to the community. There was no second, so the motion was lost/denied. C. Avenal Boxers - “Certificate of Achievement Awards”: Mayor Preciado Chief Stivers stated that the 17th Annual Desert Showdown Championships were held in Hanford on July 29 - July 30, 2017. He introduced the boxers with their “Desert Title Belt” as follows: 1) Diego Trejo, in the 65 lbs. Weight Class Division; 2) Donna Ramos, 124 lbs. Weight Class Division; and 3) Brayan Ramos, 152 lbs. Weight Class Division. He congratulated all of the boxers. The Police Activities League Boxing Program is supported by volunteer coaches Mike Trejo and Ray Knight, who spend all of their time on Monday, Wednesday, Friday and weekends down at the gym or taking children to tournaments. Also, the program is overseen by Senior Officer Storm and she provides them with equipment and goes to the tournaments. Mayor Preciado gave Certificates of Commendation to all of the boxers. Ms. Whitten states that she comes from a wrestling family and it is a big deal when you bring home a title belt. You will have it for the rest of your life. She congratulated the boxers and stated she is very proud of them. The rest of City Council congratulated the boxers for their accomplishments. D. Avenal Police Explorers – “Certificate of Achievement” Kevin Carr, Acting Sergeant, reported that five (5) Explorers attended the San Diego County Explorers Academy, who are as follows: 1) Cameron Woelk; 2) David Reynosa; 3) Jose Jasso; 4) Steven Rodriguez; and 5) Explorer Sergeant, Sofia Lopez. Officer Carr continued that each day started at 6:00 a.m. with physical training and ended in the evenings at 9:00 - 9:30 p.m. They worked hard, performed well and represented the Avenal Police Department well. In Phase I, they studied: driving, dispatching, and patrol service. Hopefully, they will continue to use what they learned at the Explorer Academy and will be back next year. Officer Carr is hopeful that these Explorers will be Police Officers for Avenal in the future. Joint Meeting City Council/Successor Agency September 28, 2017 Page 3 of 6 The City Council congratulated, all five (5) Explorers and let them know they are proud of them for choosing to be an example for their peers. Mayor Preciado presented each of them with a Certificate of Commendation. Chief Stivers announced that this program would not be as successful without these Avenal Police Officers: Kevin Carr, Gabriela Cisneros, Abraham Avila and David Tapia PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No Comments were offered. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Avenal Police Department Activity Report: Chief Stivers. Chief Stivers reported the following: 1) National Night Out; 2) Illegal Discharge of a Firearm; 3) Child Injured in a Traffic Accident – a Complaint was sent to the District Attorney; 4) Explorer Post Members Graduated from the Explorer Academy; and, 5) Sexual Assault Case ends in Arrest; 6) Gang Member Arrested for DUI, Becomes Combative; 7) Suspect Arrested, Two Officers Injures; and, 8) Coats for Kids Drive is Underway. 2) Community Development Director Activities Department Report: Fernando Santillan, Community/Economic Development Director. Fernando Santillan, Community/Economic Development Director reported the following: 1) the CDBG Public Recreation Facility Grant is in the environmental assessment phase; 2) the Economic Development Strategy & Action Plan as part of our General Plan Update is being finalized; 3) the Land Use Element and other element updates are also underway; 4) energy efficiency projects; 5) an organization named Quest is working on a pilot program called X-BOS DR to implement a streamlined energy management system, including wireless thermostats and other systems, at some of our qualified facilities (program through UC Berkeley); 6) 50% plan drawings to State Water Resources Board for our 18” Water Transmission Line Project were submitted and they are on schedule to complete the plans ahead of our grant deadline; 7) three applications were submitted in August for the Wonderful Community Grants Program for the following projects: A) new restrooms at Rice Park; B) continuation of the Technology, Entrepreneurship, and Small Business Marketing Classes; C) P.A.T.Y. Studio Dance Program at Avenal Theater; 8) issues/items related to the City’s Housing Programs; 9) complying with state-mandated Labor Compliance and Payroll Certifications for Public Works’ projects and coordinating with the State Department of Industrial Relations on awarded projects; 10) website updates; 11) Tony has been promoting the Farmers Market with flyers and social media; 12) the August pre-bid meeting for Avenal Transit Hub prior to the KCAPTA release of the RFP; 13) working with several existing business owners and potential new business owners on projects in Avenal; 14) a large national retail chain is looking to build a new store in Avenal; 15) San Joaquin Valley Affordable Housing Summit: 16) Planning Commission to discuss a potential backyard chicken proposal after receiving input and comments from the public on the matter; 17) the I-5 Highway Commercial Marketing project; 18) a small business marketing class is scheduled for October 25, 2017 called “Grow Your Business Online with Google.” It will be presented by SCORE in partnership with Google. This class will target existing small business owners. We are also beginning the planning process of establishing a long-term small business counseling and mentorship program to connect experienced business owners with new entrepreneurs in order to maximize successful ventures. SCORE and SBA are assisting us in launching this program; and, 19) a grant application to Home Depot will be submitted for small upgrades at the Boxing Club. B. Special Presentations/Requests: 1) None. B. Special Presentations/Requests: 1) None. PUBLIC HEARING(s): 1. None. Joint Meeting City Council/Successor Agency September 28, 2017 Page 4 of 6 OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Request for (4) New Well Permits from California Resources Production Corporation: Ms. Whitten stated as the City Council is aware, California Resources Production Corporation (CRC) is the operator for the Kettleman North Dome oil field which has been in existence for many decades. On September 1, 2017, the City Clerk acknowledged the receipt of four (4) new Oil/Gas Well Permit Applications from Palmira Hernandez, Regulatory Analyst for CRC. She continued that they are intending to drill four new wells within the City Limits of Avenal at this time. As per the Municipal Code, new oil/gas wells require a permit consideration and approval by the City Council. Review of the applications are for local permitting purposes only. CRC is still required to meet any and all other requirements as dictated by rules, regulations and laws governing oil and gas wells, production, etc. The information submitted has been accepted and deemed complete as per Code. Well permits requested at this time: Well Number: Location: 764H-3P Section 3, T22S, R17E, MDB&M 773H-3P Section 3, T22S, R17E, MDB&M 714H-3P Section 3, T22S, R17E, MDB&M 785H-3P Section 3, T22S, R17E, MDB&M Palmira Hernandez, CRC’s Regulatory Analyst, reported they have brought in a rig, from outside of California, for Avenal. She asked if there were any questions or concerns as this is a horizontal well pad. This was done to minimize the impact. There are four (4) wells that will be going in different directions. CRC is undergoing Federal permitting, the National Environmental Policy Act (NEPA) process, and the Division of Oil, Gas, and Geothermal Resources (DOGGR) well permits and general review process. After a brief discussion, the following action was taken: RESOLUTION NO. 2017-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING FOUR (4) OIL/GAS WELL PERMIT APPLICATIONS SUBMITTED BY CALIFORNIA RESOURCES PRODUCTION CORPORATION FOR THE KETTLEMAN NORTH DOME FIELDS LOCATED WITHIN 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, Preciado. NOES: None. ABSENT: Gravelle, Moreno. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Woolley reported the following: 1) KCAG/KCAPTA & ABV; the carbon fuel credits that any entity receives for using electric CFM vehicles might profit by trading their fuel credits. It is based on how much is being used and might be something to look into. Mayor Pro Tem Ovalle reported the following: 1) he could not attend the meeting yesterday due to a doctor’s appointment; 2) he and Mrs. Woolley attended the California League of Cities conference; This conference was supposed to be non-partisan type event. The speakers in the sessions he attended did not seem to be non-partisan and Joint Meeting City Council/Successor Agency September 28, 2017 Page 5 of 6 it seemed to be one-sided. It was very disappointing. He learned a few things and would like to share with the City Council, the need to revisit ordinances and resolutions. Councilmember Woolley announced that they were at the conference during the last three (3) days of the State Legislator’s current session. They were pushing bills through and she thinks one passed on Thursday that the League was completely against. It had to do with the telecom industry and the big communication towers. As they explained it, a dome of reception is created over a large area and as there are so many people using it, the signals are harder to reach. They are putting boosters into neighborhoods that only serve a few blocks. They have been installed all over and the cities will have no say as to where they go, what they look like and who can put them up. Ms. Whitten sent a letter in opposition as it would take away local control and from the 380 cities in the State, they have received 320 letters of opposition. Ms. Whitten reported the following: 1) Saturday is the Day of the Family at Rice Park from 10:00 a.m. -1:00 p.m. The City and the Police Department will have a booth, so come and say hi; 2) P.A.T.Y.’s Studio demonstration was on Sunday. She spoke at last night’s Study Session, as part of that plan was to promote the Theater. We now have a new Theater & Event Center Coordinator, Louisa Starne who has done a lot of outreach with Sheila, Anna and Antony. The community was invited to attend and it was standing room only. The dancers from P.A.T.Y.’s Studios did a wonderful job; 3) the Pistachio Festival will be held October 19th - 22nd. The kick off will be on the 19th, with Church events and football game. Everyone is invited to attend and if you would like to setup a table or booth, please contact Sheila. She thanked Mr. Casida and Mr. Tuttle for being able to carry out this event and for everyone that helps; 4) Scott Davis did not attend tonight but he wanted to let the City Council know that we are responsible for the Skyline street lights, and they are changing them to LED lights one by one; and, 5) City Hall will be Closed Monday, October 9th . Arturo Mora, Public Works Supervisor (A), mentioned that they are working with Caltrans and a contractor to replace street lights on October 10th. Caltrans will be doing traffic control and we will be replacing them with LED lights. They will change five lights at a time, until they are all replaced. Mayor Preciado reported the following: 1) Farmers Market – October 13th; 2) Assemblyman Rudy Salas met with Avenal Seniors at the Veterans Hall during their lunch, and he provided food to people that attended; 3) he commended the Public Works Department for all of the behind-the-scenes work and water leaks they handle. Also, he recognized the Recreation and Police Department for providing activities for our community. City Council went into Closed Session at 7:05 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 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: 038-010-040/ 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: 040-175-027 & 040-175-028 Negotiator(s): City Manager and City Attorney. Joint Meeting City Council/Successor Agency September 28, 2017 Page 6 of 6 Party with whom negotiating: City/Other Instructions to negotiator concerning: Terms. Property Description: APN: 040-175-013 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: City. 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 its designated representatives: Designated representative(s): RE: City Employees/APOA, D. 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 City Council meeting reopened at 9:14 with the following action: A motion was made by Mayor Pro Tem Ovalle to authorize, City Manager to bid up to the loan amount on the following property: APN: 038-010-040/324 W. San Joaquin Street seconded, by Councilmember Woolley and carried. Roll Call Vote: AYES: Woolley, Ovalle, Preciado. NOES: None. ABSENT: Gravelle, Moreno. ABSTAIN: None. There being no further business, the City Council meeting was adjourned at 9:14 p.m. Respectfully Submitted, Maria Ortiz, City Clerk