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 26, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS STREET; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:02 p.m. Council Members Absent: None. Staff Present: Whitten, Ortiz, Perkins, Davis, Santillan, Stivers. Legal Counsel: None. PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado. ROLL CALL: Councilmember Woolley, Councilman Gravelle, Mayor Pro Tem Ovalle, Mayor 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 October 12, 2017: A motion to approve the Consent Calendar was made by Councilman/Successor Agency Member Gravelle, seconded by Mayor Pro Tem/Successor Agency Member Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY//ITEMS FOR CONSIDERATION: A. Consider Funding San Joaquin Valley Water Infrastructure Authority Westside Seat Annual Fee: Mayor Preciado Melissa Whitten, City Manager, stated that this item was requested by Mayor Preciado. The City of Avenal was appointed as the Westside member to representative for all the Westside cities on the San Joaquin Valley Infrastructure Authority. At the time, Staff thought it would be for onlyjust one year withat a $50,000 commitment. The San Joaquin Valley Infrastructure Authority has done what they set out to doaid by submitting an application for funding for the Temperance Flat Dam Project. In doing so, they have also established a name for themselvesourselves in the vValley as they areir representing five (5) different counties. and tTheir Bboard is exceptional and has makes for recognition at both the State and& Federal levels. She continuecontinuess that the JPA is wouldant likeng to continue meetings and to continue toremain be active as there is not only a need for storage on the eEaastside but also. There are needs on the WWestside. Dealing with Federal and State contractors, exchange contractors and water issues isare never ending. In order forFor the Mayor Joint Meeting City Council/Successor Agency October 26, 2017 Page 2 of 8 to keep sitting as the Westside representative, there is an annual commitment of $50,000. This is not all from thhe City of Avenal is not responsible for the whole amount, because he is representing the whole Westside. Staff needs direction to discuss funding. Mayor Preciado would like to added that all all the cities in Kings County will be contributing money towards the $50,000. It would probably be from $5,000, frorm each city. The Board of Supervisors are working with the farmers, NiseiKnees Farmers League, is working with businesses and farmers to help the westWest side meet the $50,000. After a brief discussion the following action was taken: A motion was made by Mayor Pro Tem Ovalle to commit $5,000.00, seconded by, Councilman Gravelle and carried. Roll Call Vote: AYES: Ovalle, Gravelle, Woolley, Moreno. NOES: None. ABSENT: None. ABSTAIN: Preciado. Ms. Whitten stated that the check will be sent to make sureshow their commitment is real. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Isidro Martinez ,lives at 724 E Merced St., he doesn’t know how many person that are here, because he has spoken to some in the community. He has recently been going to the dump because as heis has been trimming trees. The first day, he did not take pictures, but he saw blood and suchtrash mixed with trash. Thereand were three (3) or four (4) trucks dumping at the same time aswhen he was there and it was’s nasty. He mentioned that he had to clean his shoes afterwards as he was concerned, what about bacteria and howis this affectsworried about the City of Avenal. When you go into the Landfill, theire is no sign to direct you as to where to go to dumpthrow green waste and , trash., and there no way to get out iIt iss dangerous. He would like someone to look into it. He asked the workers, but he was not satisfiedthinks they want to save money to put with the answerthe branched on onside. He does not feel what is being done at the Landfill is right. George Anderson, Landfill Supervisor, respondedmentioned that to some of Mr. Martinez’s concerns regarding green waste at the Landfill. is an alternative daily cover so we try to use the green waste manner of intermediate cover the trash. When green wastes comes into the Landfill Facility, it is dumped by the trash if the compactor goes over it and whenif it is two (2) or four (4) inches deep, they spread it on top of trash as an intermediate cover. If it doesn’t break down two (2) or four (4) inches it then it gets mixed into the trash with the msw. He continued that the Landfill, hauses Citric acid for odor control, which is and citrus acid that itheyt is appliedy daily four (4) times a day. If If Mr. Martinez, would like to come up to the Landfill Facility to see the procedures they go through on a daily basis, Mr. Martinhez is more than welcomed. As to tThe one- way traffic Mr. Martinez mentioned, they are in thea process of building a ramp that goes up to the top deck. and tThere are operators guiding traffic in and out to ensure public safety, which is a top priority. If there is any concerns, Mr. Anderson’s door is always open. However, on some occasions, there are local haulers trucks that are also dumping right bye you. They have the Landfill Facility setup in a manner to keep the community and customers safe and customers. He is happy to say, “Avenal Landfill has not had any incidents..” Councilmember Moreno mentioned that over the past few years’ residents have reported seeing dead animals come out of the trucks. I is that allowed.? Mr. Anderson stated yes, they are a Ttier three (3)III Landfill and they do exaccept dead carcasses. The Landfill are supposed to receives 24 hour noticehours’ notice before receiving dead carcasses so that; it is kept out of waste streainam. Also, they have a designated area where a whole is dug containingwith ordeor control and buried within a 15- minutes period. Joint Meeting City Council/Successor Agency October 26, 2017 Page 3 of 8 Chief Stivers stated that he is standing in for Officer Avila is coordinating the annual Battle of the Badges Blood Drive which will take place Monday, November 6, 2017, at the Family Dollar parking lot with Central California Blood Bank atfrom 3:00 - 7:00 p.m. There is a friendly competition between the Police Departments and Avenal has won five (5) years in a row. If you would like tofeel the need to donate blood, please mention the Avenal Police Department. and iIf you cannot make itg o on that day, November 6th just you can dgo to any Central California Bblood bBank Ccenter and donate on behalf of the Avenal Police Department. The Coats for Kids eventdrive will be on December 2, 2017 at the Avenal Theater; Thiscoat for kid’s year’s event is run by Officers Stryd and& Officer Tapia, and are now in the process of getting coats and donations coats. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director, reported the following: 1) Working witha large national retail chain is looking to build a new store in Avenal – currently in preliminary site assessment phase and ifhe will provide updates if the developer gets the green light to move forward with project; 2) The Planning Commission discussed a potential backyard chicken proposal and will consider making a recommendation to the Council at its next meeting on November 6, 2017; 3) the I-5 Highway Commercial Marketing project is ongoing and the MOU has been signed by the property owner. The Nnext step is to post the brochure to LoopNet so developers and investors can see it; 4) will be hosting a small business marketing class is to be heldin October 25, 2017 called “Grow Your Business Online with Google” which is being taught by SCORE, in partnership with Google; 5) Submitted a grant application to Home Depot has been submitted for the Boxing Club to include small upgrades at the boxing club and replacement of the aging carpet with rubberized indoor sport flooring. We also hope to give the interior a much-needed paint job; and, 6) partnering with RSUSD once again to help facilitate parent-education classes at the Technology Center beginning in November. 2) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police. Rusty Stivers, Chief of Police, reported the following: 1) Errant errant gunshot almost injures Oofficer after victim shot; 2) day shift oOfficer avoid being assaulted; used Taser on suspect; 3) bar fight leads to assault charges; 4) DUI crash near Corcoran and Dome Streets; 5) Gang Enforcement enforcement Operation operation nets arrest and firearms; 6) Coats for Kids Drive is underway; 7) JSO report; 8) Monthly Statistical report; and, 9) CAD calls. B. Special Presentations/Requests: 1) Avenal Regional Landfill Activity Update: George Anderson, Supervisor. George Anderson, Supervisor, reported the following: 1) He thought tonight was bring your grand Grand bBaby nNight; 2) He thanked City Staff and City Council Swith special thanks to Scott and Melissa for listening to his ideas; 3) He mentioed that the previous laying of road grindingss were done incorrectly and, because it always seem too failed when it rained. He really looked into how they could take these road grindings; because Iit is very generous of the City of Avenal to donate road grindings. The Landfill Facility was able to get a dump truck to put downobtain 275,000 -tons of road grindings that were put down., They usedgot funds to get a steam roller and spread it out with a grader withand they wetting ithe stuff for a whole week. an d tThey believe thatey now have a wet weather deck; 4) tthey purchasedgot their owna mini sweeper to get the dirt and mud from the paved areas; 5) He will be in Vancouver for budget hearings Monday & Tuesday toand request working on getting rumble striping in taking it serous takingto deal with the mud that comes out of the Landfilll serious; 6) daily tonnage - 33,000 in Quarter q1, 37,000 in Quarter 2q2, 32,000 in Quarter q3 and 44,000 in Quarter q4 tons per day; and, 7) for each of the last eight (8) years an amendment has beenis requestprocessed through the Water Board and Kings County LEAs to try and bring high moisture waste into the City of Avenal/Avenal Landfill. The moister waste process consists of solidification if you have the material to solidifyof high moisture waste to produceand it is what they receive now on a daily basis ffrom special waste projects whichthat go into the lined area. He had wondered why the City of Joint Meeting City Council/Successor Agency October 26, 2017 Page 4 of 8 Avenal and The Avenal Landfill Facility does not have a solidification process at the Avenal Landfill Facility. He quickly found out that the requestprocess was submittedtried and denied mainly from by the Water Board mainly due to concerns of odor control, but once the concerns were addressed, they and received the approval for the first time for solidification. He will be coming back to Council with information on the solidification process and more revenue more tonnage for Avenal with the increase in tonnage more revenue. Councilmember Moreno was wondering withasked how the Avenal Landfill helps the City of Avenal. Mr. Anderson mentioereplied that the City of Avenal receives hosts fees and rebates from the material that goes into the Landfill, as a portion of the fees for the receivedwhatever tonnage goes in the higher those fees will be. Mayor Preciado Thanked thanked George for opening his doors to the community. Mr. Martinez askedwould like to know what the height of the Landfill is and how does the trash that is picked up by the wind get you cleaned -up the bags.? Mr. Anderson statmentioed that the height iwas setgiven to them years ago by engineers. tThey are at 1,090 feet,feet; the capacity is 1,130 feet butand they will be stopping at 1,100 feet. Also, iIf you look alongt the highway, when you’re coming up there are 60 foot nets that stand 120 feet across the front, which was a $90,000 project. tThatis eliminates anything coming into the city and it was a $90,000 project. They are in thea process of another $180,000 project toand install netting on the opposite side those are in place. If high winds hit the Landfill, there is a policy in place aand bring in laborers are brought in to pick up trash. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. Consider Second Reading and Adopting Ordinance No. 2017-01, Banning of Commercial Cannabis Businesses and Imposing Regulatory Requirements for Adult-Use Cannabis Activities; and, Consider Adopting Resolution Reaffirming the City’s Permissive Zoning Ban on Medical Marijuana Cultivation which was Enacted on March 2014:  Staff Report  Consider Adopting Ordinance & Resolution Mr. Santillan reported atthat At the October 12, 2017 City Council meeting, by motion and roll call vote, Council introduced and waived the first reading of Ordinance 2017-01, an ordinance banning commercial cannabis businesses and imposing regulatory requirements for adult-use cannabis activities. In additionaddition t, continues that to enactinging the new ordinance, the attached resolution also reaffirms the City's permissive zoning ban on medical marijuana cultivation, which was enacted in March of 2014. Mr. Santillan announced that the Ordinance Summary was published ran in the Avenal Chimes the last two weeks and published to meet the 5-day requirement. Staff recommends, by motion: 1) the City Council waive the second reading by motion and adopt Ordinance No. 2017-01 by roll call vote; and, 2) by motion, adopt Resolution reaffirming the City's permissive zoning ban on medical marijuana cultivation by roll call vote. After a brief, 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 Councilman Gravelle to waive the second reading by motion and adopt Ordinance No. 2017-01, seconded by Mayor Pro Tem Ovalle and carried. Joint Meeting City Council/Successor Agency October 26, 2017 Page 5 of 8 RESOLUTION 2017-60: IN THE MATTER OF: Adoption of ordinance banning commercial cannabis businesses and imposing regulatory requirements for adult-use cannabis activities. A motion was made by Councilman Gravelle to approve the ordinance, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Mr. Santillan announced that the Ordinance Summary ran in the Avenal Chimes the last two weeks and published to meet the 5-day requirement. NEW BUSINESS: A. Consider Request from A.U.D.I 4 Autism to Partner with the City in a Program for Individuals with Special Needs and the Underserved: Ms. Whitten stated that Mr. Gonzales contacted her about two (2) months ago with the program, he has in place Bakersfield A.U.D.I. 4 Autism, in Bakersfield. Mr. Gonzales’ family that has runcarried this program since 2013. HeMr. Gonzales is looking to expand the program to those that are eaffected by autism, individuals with special needs, and the under served. He is interested in Avenal, to her surprise. It has been a delight to get to know Mr. Gonzales. And Mr. G andonzales hears pointed about many things he would like to do. This program in his head, she knows and for Mr. GonzalesIf he were to try to write the programit all down, it’s would be aso large project for him, but he and his family have done it all for many years. Staff is asking for direction as to whether to work with Mr. Gonzales and AUDI and other agencies and if in factto put together a program for Avenal and work with other agencies. Staff is looking for direction. Mayor Preciado announced that Mr. Gonzales has shown dedication to servants and commitment to serve with . He believes there were various meetings that were canceled and was atattending the Pistachio Festival. Mr. Gonzales is showing commitment, and interest in our community and to serve individuals with special needs andthe under served. After a brief discussion, a motion was made by Councilmember Woolley to have the City Manager work with Angel Gonzales from A.U.D.I. 4 Autism to come up with viable proposal that is feasible for the City of Avenal, 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 Fiscal 2017/18 Fire Service Agreement: Ms. Whitten stated that the Kings County Fire Department has provided fire services to the City of Avenal for many years. In early 2000, in order toto continue receiving the same level of service, by agreement, the City began to fund a portion of fire service costs in order to assist the County in paying for the full cost of the City’s fire services within the City. The City entered into a one (1) year Fire Services Agreement in FY 2016/17, July 1, 2016 - June 30, 2017, at a cost of $280,000. The proposed agreement for FY 2017/18 isncludes a cost of $290.000 to continue the same level of service by Kings County Fire in Avenal. At this time, tThe following proposal is recommended by agreement (July 1, 2017 - June 30, 2018) as follows: Joint Meeting City Council/Successor Agency October 26, 2017 Page 6 of 8 FY 2017-18 Proposal - $290,000. Prior Years: FY 2013-14: 280,000 FY 2014-15: 290,000 FY 2015-16: 270,000 FY 2016-17: 280,000 Staff recommends that by Resolution, enter into an "Agreement for County Fire Services within the City of Avenal" for Fiscal Year 2017-18 and authorize the Mayor to sign and execute said agreement on behalf of the City. RESOLUTION 2017-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO ONE (1) YEAR AGREEMENT WITH KINGS COUNTY FOR FIRE SERVICES WITHIN THE CITY OF AVENAL FOR FY 2017-18 AND, FURTHER, AUTHORIZE THE MAYOR TO SIGN AND EXECUTE AGREEMENT ON BEHALF OF THE CITY. A motion was made by Mayor Pro Tem Ovalle to approve "Agreement for County Fire Services within the City of Avenal" for Fiscal Year 2017-18 and authorize the Mayor to sign and execute said agreement on behalf of the City, seconded, by Councilmember Woolley and carried Roll Call Vote: AYES: Ovalle, Woolley, Gravelle, Moreno, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Rejecting All Bids for Public Recreation Facility Environmental Assessment, RFP AVN17-1: Mr. Santillan stated that Community Development Department Staff issued a Request for Proposals last month to over a dozen consultants for the Environmental Assessment/Initial Study work that will be required for the CDBG-funded Public Recreation Facility construction project. Staff received two proposals: Rincon Consultants, $29,945; and Padre Associates, $29,985. He continued that both proposals were higher than what staff anticipated. Since receiving the proposals, Staff has been looking at ways to modify the scope to reduce the cost of the assessment whilestill meeting State and Federal (CEQA/NEPA) requirements. Staff recommends rejecting all bids, which will allow us to potentially issue a new RFP with a modified scope or consider alternatives for this phase of the project. After a brief discussion, the following action was taken: RESOLUTION NO. 2017-5962: A RESOLUTION OF THE AVENAL CITY COUNCIL REJECTING ALLUTHORIZING THE CITY MANAGER TO ENTER INTO AN BIDS FOR PUBLIC RECEREATION FACILITY ENVIRONMENTAL ASSESSMENT, RFP AVN17-1AGREEMENT WITH SELF-HELP ENTERPRISES TO INSTALL WATER BOTTLE FILLING STATIONS AT CITY FACILITIES. . A motion was made by Councilmember Woolley to approve, seconded, by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Moreno, Preciado. NOES: None. Joint Meeting City Council/Successor Agency October 26, 2017 Page 7 of 8 ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Gravelle askreported ifthe following: 1) did Staff fiound a bench and trash can for the area at down by Hwy 33. & Seventh Ave. Mr. Davis stated that they are in the process of that. Staff is refurbishing a bench andwith trash can and pouring a concrete slab to put everything on it and it on the list. Seventh Avenue has been patched and is now easiery to drive on. and Alpine Streetthe one in front of Councilmember Woolley’s house will be patched next week. Councilmember Woolley reporstated that onthe following: 1) November 1st, 2017, the Regional Transportation Plan meeting will be held at the Avenal Theater –at 6:30 p.m. and encouraged everyone to come. Mayor Pro Tem Ovalle reported the following: 1) the Pistachio Festival was a good event overall and he thanked the Rotary for all their energy, time, and effort put into the event as well asnd Louisa and /Tony for all the posters;. iIt was an awesome surprise to see the posters. Ms. Whitten reported the following: 1) November 3, 2017 – Fall Festival at Avenal Elementary School; 2) she aapologies to the Grand Jury for not attending their luncheon due not receiving an invitation; 3) Ribbon cutting at Avenal Police Department for Emergency Operation Center and thanked Assemblyman Salas & Chuck JelloianChalinian; 4) Pistachio Festival – She attended Friday & Saturday Miss Teen Avenal was wonderful and A.U.D.I. for4 Autism was present; and, 5) Proposition 218 Public Hearing will held at next City Council meeting on, November 9, 20117 in the Pegasues ball rRoom in order to have enough room for everyone. Mayor Preciado reported the following: 1) Last Farmers Market - everyone did a wonderful job; 2) attended Ribbon cutting at Avenal Police Department’s for Emergency Operation Center (EOC). The Police Department’s Also the community takes advantage of the (EOC) meeting room, has been used for meetings and the lobby has been used as a cooling center for the communitylobby. Assemblyman Salas invited Mayor Preciado to tour Avenal Elementary School kK-4th grade aannds Assemblyman Salas likes to have a full day wherever he visits. City Council went into Closed Session at 7:38 p.m. CLOSED SESSION: (City/Successor Agency): A. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6). It is the intention of this governing body to meet in closed-session to review its position and to instruct its designated representatives: Designated representative(s): RE: City Employees/APOA, B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR(S) (Government Code § 54956.8). It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange or lease of real property by or for this local agency as follows: Property Description: APN: 040-165-007 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: State of California, Judicial Council. Instructions to negotiator concerning: Terms Property Description: APN: 040-175-027 & 040-175-028 Negotiator(s): City Manager and City Attorney. Joint Meeting City Council/Successor Agency October 26, 2017 Page 8 of 8 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. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957(a)). It is the intention of this governing body to meet in Closed Session concerning the following: Consultation with Avenal Police Department: Rusty Stivers, Chief of Police. ADJOURNMENT. The meeting reopened at 8:06 p.m. with no action out of Closed Session. There being no further business, the City Council meeting was adjourned at 8:06 p.m. Respectfully Submitted, Maria Ortiz, City Clerk