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, OCTOBER 12, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS STREET; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:03 p.m. Council Members Absent: None. Staff Present: Whitten, Ortiz, Perkins, Santillan, Stivers. Legal Counsel: None. PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado. ROLL CALL: Councilmember Glenda Woolley, Councilman Gravelle, Mayor Pro Tem Dagoberto, Ovalle, Mayor Alvaro Preciado, Councilmember Moreno. 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 September 28, 2017: B. City Warrants and Financial Statements for September: A motion to approve the Consent Calendar was made by Councilmember/Successor Agency Member Woolley, seconded by Mayor Pro Tem/Successor Agency Member Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Councilmember Woolley abstained from warrant 43402, Mayor Pro Tem Ovalle abstained form warrant 43403, and Mayor Preciado abstained from warrant 43396. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY//ITEMS FOR CONSIDERATION: A. Avenal Police Department – Introduce New Avenal Police Officer, Billie Zack: Chief Stivers Chief Stivers swore-in and introduced new Police Officer Billie Zack. Ms. Zack’s family was in the audience. Her mother pinned her badge and Council welcomed her to Avenal. B. Consider 2017 Holiday Meeting Schedule: (Discussion/Action). Melissa Whitten, City Manager reported that the City Council has been in favor of a “Holiday Meeting Schedule” in which only one (1) meeting is held in November and one (1) meeting is held in December. This type of schedule during this time allows Council and Staff to take a “breather” and accommodate holiday’s schedules. Staff is recommending the following Holiday Meeting Schedule for consideration by City Council/Successor Agency/Housing Authority: Thursday November 9, 2017 6:00 p.m. Avenal Theater. Thursday November 23, 2017 6:00 p.m. Avenal Theater (cancel) Thursday December 14, 2017 6:00 p.m. Avenal Theater. Thursday December 28, 2017 6:00 p.m. Avenal Theater (cancel) **Special meetings can be scheduled and noticed, if necessary. A motion was made by Councilman Gravelle to cancel the November 23, 2017 & December 28, 2017 City Council meetings, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Sid Craighead donated $2,500 to the Animal Control Facility for the microchipping of dogs. The City Council and Staff thanked Mr. Craighead. 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); Mayor Preciado announced that the Public Works Department is on a water leak and are unable to be present. He then asked if there any questions. Councilmember Woolley asked if the company that striped the city streets would fix the crooked lines. Ms. Whitten answered yes. Ms. Whitten reported the following: 1) a water leak was detected on the old road where both the 18” and 12” line run parallel to each other. The Public Works crew started at 6:00 a.m. and had been on site all day. Scott Davis is on vacation this week. Arturo Mora is at work on the water leak; 2) Building Department; 3) Code Enforcement; 4) Park & Landscaping; 5) Animal Control; 6) Streets; 7) Water Distribution; 8) Waste Water Collection; and, 9) Vehicle, Equipment, & Building Maintenance. 2) Avenal Theater & Event Coordinator Activity Report: Louisa Starne, Avenal Theater & Event Coordinator Louisa Starne, Avenal Theater & Event Coordinator, reported the following: 1) it is her first activity report to Council. She is very excited and passionate as she enjoys working as Theater & Event Coordinator; 2) the A/C units have been repaired; 3) security camera system has been updated & replaced; 4) she now has regained the theaters’ internet presence. What once showed on Google as "Permanently Closed," is finally updated. Calls have been coming in again; 5) the garden has been cleared out with Public Works’ help; 6) the meeting rooms now have a TV monitor that can be used for presentations during meetings and rentals; 7) there were two rentals in September and two reserved for the future; 8) creating promotional content for the Recreation Department; 9) much cleaning and organizing has been done; 10) the popcorn, ice, and soda fountain machines to be fixed; 11) a solution is needed for the audio systems in the Pegasus and meeting rooms; 12) the projector in Theater 1 is going to be repaired; and, 13) Upcoming events: P.A.T.Y.’S Studio will be partnering with the Recreation Department to host danceclasses on Tuesday and Thursday nights. Friday Fright Nights, a scary movie shown every Friday in October at 8:30pm except during the Farmers Market, on October 13, 2017. The Pistachio Festival willbe using the theater for anart show, the Avenal Miss Teen Pageant, and movies for the community. B. Special Presentations/Requests: 1) None. PUBLIC HEARING(s): A. Public Hearing to Consider Regulation and/or Banning of Commercial, Non-Commercial and/or Medical Cannabis within the City of Avenal.  Staff Report  Public Hearing  Approval of Resolution Fernando Santillan, Community Development Director, reported as discussed in the Study Session, this item is related to the passing of Proposition 64, in November 2016, also known as the Control, Regulate and Tax Adult Use of Cannabis Act ("AUMA"). The AUMA, to a certain degree, decriminalized the possession, consumption, cultivation, processing, manufacture, distribution, testing and sale of non-medicinal cannabis/marijuana and derivative products, including edibles, for adults twenty-one (21) years of age and older under state law. Residents are allowed to cultivate up to six (6) plants per household for recreational use. However, the law grants cities the authority to ban and/or regulate cultivation, sale or any other kind of activity related to commercial or recreational cannabis. He stated the law takes effect on January 1, 2018 and at that time the State will begin to issue licenses. The City of Avenal is required to propose some guidance for this issue on behalf of our community. On October 2, 2017, the Planning Commission considered proposing a recommendation to the City Council. They had several options to consider: 1) the total ban on commercial cultivation; 2) regulation of personal cultivation and use; and 3) allowing commercial cultivation and regulating personal use. The Planning Commission recommended to the City Council that commercial cultivation, sale and other commercial activities related to cannabis be banned as well as outdoor personal cultivation within the City of Avenal. As a result of this ban, the City of Avenal will not qualify for State funding in the form of grants that are anticipated for law enforcement purposes. As Deputy City Attorney Moses Diaz mentioned at the Study Session, it is unknown at this time the amount of that funding. If the City Council decides to adopt the Planning Commission’s recommendation, it can be reconsidered at any time. Any questions regarding the Ordinance can be directed to Deputy City Attorney Moses Diaz. Staff recommends the following: 1) This Ordinance be passed by the City Council amending the Avenal Zoning Ordinance which is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines Sections 15060(c)(2) and 15061(b)(3); 2) The notice of a public hearing regarding this amendment was properly given at least ten (10) days prior to the date of the public hearing in a manner consistent with Section 9.76.04(1) of the Avenal Zoning Ordinance; 3) The Ordinance adopted by this City Council of the City of Avenal is consistent with the City's General Plan. Deputy City Attorney Moses Diaz stated that he would like to recommend a few minor revisions to the Ordinance. Section 5 and Section 7 will remain and Section 6 will be added as a new Sub-section with Sub Section B. We want to clarify that medicinal cannabis will still be allowed for personal use. Councilmember Woolley clarified that the Council will not repeal Section 5 and Section 7 but are adding Section 6 as Sub Section B. Deputy City Attorney Moses Diaz stated yes, it will be renumbered to the next available chapter, which he believes would be 9.70, but the substance of the Ordinance would remain the same. Also, on January 1, 2018, the State is required under SB94 to begin issuing commercial cannabis licenses. This is the reason Staff began to review this Ordinance and brought it to the Planning Commission. If Staff does not enact an ordinance by January 1, 2018; the City would not have a ban in in place for commercial cannabis. In which case, the State could unilaterally issue licenses for businesses to open in Avenal. Staff does not want that to happen without having a local regulation in place and January 1, 2018 is the deadline to avoid this. Joint Meeting City Council/Successor Agency October 12, 2017 Page 4 of 8 Councilman Gravelle would like clarification regarding personal use of cannabis. Deputy City Attorney, Moses Diaz stated that the people passed Proposition 64 which allows cultivation of six (6) plants on each lot or parcel. This cannot be prohibited locally, only regulated. This ordinance does include a number of protections from the health and safety perspective by protecting children from access to cannabis, cannabis products, edibles and other items requiring harvested cannabis. Edible cannabis products are to be kept in a safe location with no access by minors and only be out when actively in use. Also, it prohibits the consumption of cannabis products anywhere tobacco use is prohibited. Mayor Preciado opened the Public Hearing to Consider the Regulation and/or Ban of Commercial, Non-Commercial and/or Medical Cannabis within the City of Avenal at 6:36 p.m. Louisa Starne asked if cannabis cultivation is allowed and used, would children will be exposed? Deputy City Attorney, Moses Diaz stated that Councilman Gravelle pointed out that state statutes and standards pertaining to child endangerment will still be applicable and he agrees with it 100 percent. In terms of protecting minor children, they cannot have access to the plants or any of the products. Also, the area of cultivation has to be locked and cannot be in a common area. In addition, State Law requires commercial edible cannabis products must have child proof packaging when sold. However, edible products made at home are not covered under Proposition 64 and SB 94 but this Ordinance will require those products to be in child proof containers. Mayor Preciado asked three consecutive times for any more comments and closed Public Hearing at 6:38 p.m. After a lengthy discussion, the following action was taken: ORDINANCE NO. 2017-01: AN ORDINANCE OF THE CITY OF AVENAL ENACTING REGULATIONS FOR MEDICINAL AND NON-MEDICINAL CANNABIS USE, CULTIVATION, BUSINESSES, TRANSACTIONS AND LAND USES. A motion was made by Councilmember Woolley to introduce and wave the first reading of ordinance with all findings and to set the second reading as revised, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Preciado announced that the Ordinance was given a 10-day legal notice and published in the Chimes. A. Consider SB1 “The Road Repair and Accountability Act of 2017” Application Submittal to the California Transportation Committee for the City’s “Streets and Roads” Project List.  Staff Report  Public Hearing  Approval of Resolution Ms. Whitten explained that the purpose of this report is to seek compliance withthe State's accountability requirements for the use of SB1 funds. In Fiscal Year 2017/18, the City of Avenal expects to receive approximately $87,600 in SB l funds and, according to California Department of Finance estimates, total fundingin the amount of $3,550,000 over a ten (10) year period. She continued that on April 28, 2017 the Governor signed Senate Bill 1 (SB1), "The Road Repair and Accountability Act of 2017". Starting in November 2017, this law will generate new revenue for state and local transportation projects through increases in gasoline and diesel fuel excise taxes, as well as an increase in vehicle registration fees. A portion of the revenues will be directly allocated to cities for pavement maintenance, safety improvements, and "complete streets" (enhanced facilities for walking and bicycling). Other funding will be available on a competitive basis. Joint Meeting City Council/Successor Agency October 12, 2017 Page 5 of 8 SB 1 Project List: The SB 1 Project list was developed by Scott Davis, Public Works Director (A), with assistance from Brian Skaggs, City Engineer. The proposed list is as follows: Seventh Avenue Ro ad Project ($355,000); Monterey Street Road Project ($515,000); Mariposa Street Road Project ($515,000); and, Avenal Cut-Off Road Project ($3,980,000). Staff recommends approval by Council motion, an amendment to the FY 2017/18 City Streets Budget, Fund 30, to include SB 1 Revenues (estimated $87,500); and, Street Expenditures of SB 1 (in an amount not to exceed estimated funding by the State). Funds shall be used for SB 1 Projects as noted and included in Attachment "A". Also, approval by Resolution, of the SB 1 Project List to be forwarded to the California Transportation Commission no later than October 16, 2017. Mayor Preciado opened the Public Hearing to Consider SB1 “The Road Repair and Accountability Act of 2017” Application Submittal to the California Transportation Committee for the City’s “Streets and Roads” Project List at: 6:43 p.m. With no comments by the public, Mayor Preciado closed the Public Hearing at 6:43 p.m. RESOLUTION NO. 2017-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING A LIST OF PROJECTS FUNDED BY SB 1, “THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”. A motion was made by Mayor Pro Tem Ovalle to approve SB1 and the Road Repairs as included in Attachment A, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Ovalle, Woolley, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Acceptance to Finalize the Purchase of APN: 040-103-007 and APN: 040-103-009; Authorize the Recording of both Deeds with the Kings County Recorder’s Office; and, Transfer of Funds in the amount of $21,000 from Fund 10.5 to the Successor Agency Fund 80 to Complete Said Purchase of Properties: Dawn Perkins, CPA, Administrative Analyst, reported that the Council gave approval for the purchase of the property on March 23, 2017 with Resolution 2017-17. The Oversight Board of the City of Avenal Redevelopment Agency then approved the sale of the properties held by the Successor Agency with Resolutions 2017-02 for APN #040-103-007 and 2017-03 for APN #040-103-009 on May 8, 2017. The State Department of Finance, on August 17, 2017, approved the sale to the City of Avenal at the total appraised value of $21,000, $9,500 for APN #040-103- 007 and $11,500 for APN #040-103-009. The City Attorney has advised Staff that two Resolutions are needed to complete the sale with a Certificate of Acceptance attached for each property to allow the deeds to be accepted by the County for recording into the real property records. Staff is requesting 1) approval of the two Resolutions with attached Certificates of Acceptance to finalize the purchase of APN #040-103-007 and #040-103-009 and authorize the City Attorney to record the deeds with the County's Recorders Office; and 2) authorize the transfer of funds in the amount of $21,000 from Fund 10.5 to the Successor Agency of the City of Avenal Redevelopment Agency, Fund 80. Joint Meeting City Council/Successor Agency October 12, 2017 Page 6 of 8 After a brief discussion, the following action was taken: RESOLUTION NO. 2017-56: IN THE MATTER OF: ACCEPTANCE OF DEED ON BEHALF OF CITY FOR APN 040-103-007-000. A motion was made by Councilmember Woolley to approve Certificate of Acceptance to finalize the purchase, seconded by Mayor Pro Tem Ovalle and carried. RESOLUTION NO. 2017-57: IN THE MATTER OF: ACCEPTANCE OF DEED ON BEHALF OF CITY FOR APN 040-103-009-000. A motion was made by Councilmember Woolley to approve Certificate of Acceptance to finalize the purchase, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Adoption of Economic Development Strategic Plan and Accompanying Economic Development Strategic Plan Action Matrix: Mr. Santillan reported that the Economic Development Strategic Plan analyzed the economic and market conditions in the City of Avenal, provided recommendations for updating the Economic Development Element in the Avenal General Plan, and suggested a range of projects and programs for the City to consider implementing as funding and resources are available. These recommendations are not City policy, instead acting as a guide for possible changes to the General Plan. He continued that the Economic Development Strategic Plan Action Plan Matrix identifies the programs and projects that the City of Avenal intends to undertake to improve and expand the local economy. With a focus on short-term and medium-term activities, the Strategic Plan is expected to be reviewed and updated regularly as conditions warrant. On September 13, 2017, the Citizen's Advisory Committee met to review these plans and recommended inclusion of the Avenal Theater & Event Center in the Action Plan Matrix. The City Council and Planning Commission met for a Joint Study Session Workshop on September 27, 2017, to review both documents, resulting in recommendations which have been incorporated into the final drafts of the documents. After a brief discussion, the following action was taken: RESOLUTION NO. 2017-58: A RESOLUTION OF THE AVENAL CITY COUNCIL ADOPTING THE FINAL DRAFT OF THE CITY OF AVENAL ECONOMIC DEVELOPMENT STRATEGIC PLAN AND ACTION PLAN MATRIX. A motion made by Councilman Woolley to approve both the Strategic Plan & Action Plan, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Agreement with Self-Help Enterprises to Install Water Bottle Filling Stations at City Facilities: Mr. Santillan reported that Self-Help Enterprises (SHE) has received funding to purchase water bottle filling stations for use at two City of Avenal (City) facilities: Veteran's Memorial Hall and the Avenal Recreation Center. The attached agreement states that the City is responsible for installation and maintenance of the stations, whereas, SHE will provide the funding and technical assistance for installation. Joint Meeting City Council/Successor Agency October 12, 2017 Page 7 of 8 He continued that both locations are ready for installation and have the required power source and plumbing to support the stations. Vanessa Soto, Self Help Enterprises, reported the following: 1) “Agua for All” is a statewide program funded through the California Endowment to provide water bottle filling stations in schools, communities and municipalities such as the City of Avenal; 2) this is to encourage community members and students to drink more water by choosing drinking water over sugary drinks. This is provided by bottle filling station that provides access to affordable drinking water; and, 3) these stations are provided as a funding grant and the City would be responsible for the installation. In your packets, there is an example of the unit with a bottle filler at a cost of $1,700. Bottle filling stations have been installed at Reef Sunset Unified School District schools and are successful. After a brief discussion, the following action was taken: RESOLUTION NO. 2017-59: A RESOLUTION OF THE AVENAL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SELF-HELP ENTERPRISES TO INSTALL WATER BOTTLE FILLING STATIONS AT CITY FACILITIES. A motion was made by Councilman Gravelle to approve agreement, seconded by Mayor Pro Tem Ovalle and carried Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Gravelle reported on the following: 1) the Installation of a bench on Skyline Blvd. & Hwy 33. Ms. Whitten has discussed it with Mr. Davis and they are considering a bench and a trash can. Mayor Pro Tem Ovalle reported on the following: 1) he and his wife attended the Day of the Family with their grandchildren who went on the bounce houses. He suggested that the Recreation Department inform or train the volunteers regarding the responsibilities and expectations while volunteering at a City event. They found that some of the bounce houses were not supervised and one had deflated with no attention paid by the volunteers. Ms. Whitten reported on the following: 1) October 13th Farmers Market, Trunk or Treat and a movie; 2) November 3, 2017, Fall Festival at Avenal Elementary School; and, 3) Scott Davis said “He is sorry that it took a year to move the trash can by the stage its but it has been done.” Mayor Preciado reported on the following: 1) he attended the Day of the Family. There was a lot of people, many informational booths and lots of fun; and, 2) JPA Meeting, The City of Fresno is having a Town Hall meeting regarding the Prop 1A monies to be spent on October 22, 2017, at 7:00 p.m. everyone is invited. Ms. Whitten also announced a reminder that the Pistachio Festival is October 19-23, 2017. The program will be ready by Monday. Mayor Preciado mentioned that there is a flyer on Facebook posted by Sheila Verdugo. City Council went into Closed Session at 7:07 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)). Joint Meeting City Council/Successor Agency October 12, 2017 Page 8 of 8 Number of potential cases is: 2. B. 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, C. 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: 040-083-002 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. 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 ADJOURNMENT. The meeting reopened at 8:42 p.m. with no action out of Closed Session. There being no further business, the City Council meeting was adjourned at 8:42 p.m. Respectfully Submitted, Maria Ortiz, City Clerk