City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING AUTHORITY THURSDAY, NOVEMBER 9, 2017; 6:00 P.M. AVENAL THEATER 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:06 p.m. Council Members Absent: None. Staff Present: Whitten, Ortiz, Perkins, Davis, Santillan, LaBlue. Legal Counsel: Michael Farley, PLEDGE OF ALLEGIANCE: Lead by Mayor Preciado. ROLL CALL: Councilmember Woolley, Councilman Gravelle, Mayor Pro Tem Ovalle, Mayor Preciado, Councilmember Moreno joined the meeting at 6:12 p.m. 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 26, 2017: B. City Warrants and Financial Statements for October: A motion to approve the Consent Calendar was made by Councilmember /Successor Agency Member Woolley, seconded by Councilman/Successor Agency Gravelle and carried. Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. Councilmember Woolley abstained from warrant 43612 MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Avenal Police Department – Introduce and Administer Oath Of Office to New Officer, Kayla Smith: Assistant Chief LaBlue B. Avenal Police Department – Introduce and Administer Oath of Office to Newly Promoted Officers: Assistant Chief LaBlue Assistant Chief LaBlue state that Chief Stivers on vacation. He would like to recognize Kayla Smith, she is new to the Police Department; she graduated on the October 30, 2017and started the same day with hiring Ms. Smith that put the Police Department at full Staff. He mentioned that to save time; he would administer Oath of Office to four (4) Police Officers. He continues that Officer Abraham Avila; which has been with the department three (3) years and promoted to Senior Officer. Officer Gabriela Cisneros, is recently married her new last name is Rivera and promoted to Senior Officer. Last but not least Kevin Carr is a milestone for the department one, blank holder with the Avenal Police Department and one of the original officers who started this Joint Meeting City Council/Successor Agency November 9, 2017 Page 2 of 5 department and came with no experience and now being promoted to Sargent. Also, family members pined the new promoted officers. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No comments were offered from the public. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, (A) Public Works Director; Scott Davis, (A) Public Works Director 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. 2) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director reported the following: 1) Environmental Assessment phase for CDBG Public Recreation facility is underway and we hope to have the Initial Study done by the end of the year; 2) Energy Efficiency projects have kept us busy: San Joaquin Valley Clean Air Organization (SJVCEO) is working on weatherization of Scout House, Boxing Club, and Veterans Halls. RFP has been issued; 3) Wireless thermostats installation expected to take place over the next couple of weeks at some of our qualified facilities (program through UC Berkeley); 4) Continue working on issues/items related to the City’s Housing Programs, including potential foreclosures, payoffs and reconveyances; 5) Continuing to keep up with our state-mandated Labor Compliance and Payroll Certifications for the City’s Public Works projects and coordinating with the CA State Department of Industrial Relations on awarded projects; 6) Continuing to keep up with website updates and community event calendar between Fernando and Tony; 7) Have been working with several existing business owners and potential new business owners on projects in Avenal. Great progress being made on some of them; 8) Working with large national retail chain looking to build a new store in Avenal – currently in preliminary site assessment phase and if will provide updates if developer gets the green light to move forward with project; 9) 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; 10) The I-5 Highway Commercial Marketing project is ongoing and the MOU has been signed by property owner. Next step is to post the brochure to LoopNet so developers and investors can see it; 11) Hosted a small business marketing class on October 25 called “Grow Your Business Online with Google” which was taught by SCORE in partnership with Google. Was very well attended; 12) Submitted a grant application to Home Depot for small upgrades at the boxing club. We hope to replace the aging carpet, which is currently a trip-hazard in some areas, with rubberized indoor sport flooring. We also hope to give the interior a much-needed paint job; and, 13) We are partnering with RSUSD once again to help facilitate parent-education classes at the Technology Center beginning on November 9th every 1st and 3rd Thursday of each month. 3) Avenal Police Department Activity Report: Assistant Chief LaBlue; Assistant Chief LaBlue reported the following: 1) Public Intoxication & DUI Arrest; 2) Arrest Made in Elder Abuse Case; 3) Safe Exchange Zone coming soon for craigslist exchanges; 4) Injury Traffic Collision; 5) Promotions & New Officers; 5) Total CAD Calls; and, 6) Monthly Statistical Report. 4) Avenal Theater & Event Coordinator Activity Report: Louisa Starne, Avenal Theater & Event Coordinator. Ms. Whitten reported the following: 1) Luisa took some time off and P.A.T.Y.’Studio is going great; 2) The projector in Theater Room 1 is still down and an additional part will be ordered; 3) Rotary hosted their fish fry at the heater; 4) The Pistachio Festival went well; 5) Fright Nights were a success. We had a lot of support from the community; 6) Treat Street on Halloween went great. Several businesses on Kings signed up. I received good feedback from parents. I will be receiving feedback from the businesses that participated so that we can make improvements next year; 7) Kings County Association of Governments (KCAG) held a public workshop on Nov. 1st ;and, 8) Upcoming Rec Dept. is hosting Family Fall Flicks on November 3rd and 17th; and, 9) A wedding will be held at the Theater on November 24th. B. Special Presentations/Requests: 1. None. PUBLIC HEARING(s): A. Consider Proposed Water Rate Increase: Joint Meeting City Council/Successor Agency November 9, 2017 Page 3 of 5 1. Review of Water Rate Analysis: Willdan 2. Staff Report 3. Prop 218 Public Hearing 4. Discussion/Action (Consider by Resolution) B. Consider Proposed Sewer Rate Increase: 1. Review of Water Rate Analysis: Willdan 2. Staff Report 3. Prop 218 Public Hearing 4. Discussion/Action (Consider by Resolution) Kevin Burnett, Wildan Consultant reviewed Prop 218 regarding the current Water and Sewer Utility Service Rates for the City of Avenal for about 20 minutes. Ms. Whitten reminded the City Council that there is specific finding that are part of the process and she would like to review those. The consultant basically has reviewed what that, which was in the staff report other that providing notice to the community and the times it was advertise. As part of the process, the City Council is required to make the following findings: with respect to the revenue derived from the proposed rate increases - (1) there is a reasonable relationship between the use of the rate increases proposed and the services and improvements for which they are to be imposed and fund; (2) the revenue derived from the increased rates will not exceed the amount necessary to provide the services and improvements; (3) the increased rates will not be used for any purpose other than that for which rates are imposed; (4) the increased rates will not exceed the proportional cost of the services attributable to each customer; and (5) the increased rates are not levied for general governmental purposes. She continued that the Water and Sewer rates that are being considered those funds with water treatment/distribution and sewer collection/distribution those funds are considered Enterprises Fund. An Enterprises Fund it could be seen as a business and anyone that owns a business know that you have to do what you can and hopefully take in the revenue to keep business open. The operating cost for the Water Treatment Plant are very expensive and repairs are the individuals that pay to keep the Water Treatment Plant going & Sewer Treatment Plant going and all of that in between any extra fund go into a fund it can only be used for water such as Water Fund for water purposes only for treatment and distribution and the same for sewer. Those revenues have to go in a separate fund and there used for usage treatment and sewer collection purposes. She gave an example to get water over the hill cost of $500,000.00. Also, the City Council will consider the following: 1) Open Prop 218 Public Hearing for Public comments and receipt of any written letters of protest; 2) If the City does not receive protests from a majority of the identified property owners/parcels that would be subject to the proposed Water and Sewer Utility Service Rate increases, "the City Council may take the necessary actions to adopt and impose the proposed water and sewer rate increases;” 3) Two (2) separate Resolutions have been prepared and attached: one for Water Rates and the other for Sewer Rates. Both Resolutions include required findings. She concluded that all written protests must be received by the City Clerk no later than the conclusion of the hearing set for 6:00 P.M. on November 9, 2017. Each written protest must at a minimum include: (1) the parcel owner's name and/or customer's name of the person/entity making the protest, (2) service address or assessor's parcel number for the parcel served, (3) the parcel owner's and/or customer's signature and (4) a clear statement of protest to either the fees being protested (i.e. either the water or the sewer or both). No more than one protest per parcel may be submitted. Protests will not be accepted by email or other electronic form. The City Council shall consider all written protests against the proposed rates; however, state law provides that only written protests of property owners shall be counted to determine whether. A majority protest to the proposed increases exists. Oral comments at the Public Hearing will not be counted as formal protests unless accompanied by a written protest. Upon conclusion of the Public Hearing, the City Council will consider the adoption of an ordinance and/or resolution authorizing the rate increases described herein and that the process that will be followed. Ms. Whitten asked the public those who will provide comments before the City Council there are sign up cards to ensure all comments are entered into record. All to be respectful of each other and the City Council. Also, only written letters will count no oral comments will count as protest stated in the notice sent to all customers in Avenal. Mayor Preciado opened the Public Hearing to Consider Proposed 218 Water & Sewer Rate Increase: at 6:56 p.m. Alberto Aranda, Yolanda Cruz is against Pro 218 and feels that the City employees used funds unnecessary and funds are charged to the community. Joint Meeting City Council/Successor Agency November 9, 2017 Page 4 of 5 Maria Leyva & Freddy Jaime had a concern regarding water if it is good to drink water. Councilmember Woolley mentioned that, yes it good to drink and she drinks water and cooks with it. Ms. Whitten stated that if the City of Avenal did not treat the water to good quality water the State would shut us down. Eva Torres and Miguel Magdaleno had a concern with water bill it is always $70.25, for three months and even if she wastes more water it still $70.25. Councilmember Woolley stated that you need the City to check meter to make sure it is not faulty. Mayor Preciado mentioned that there is a base price and once you go over that it will be a more. Eusebio Aguilera and Adriana Diaz concern with the increase due to most residence work in agriculture and if the make 50-cents their speeding it on water need to be more considerate of the community. Mr. Davis mentioned that there is a water meter in the ground it registers one-unit 748-gallons that goes thru it and on occasion like Mrs. Torres that had her bill be the same every month that could be because the meter is not working. The city bills on basis of a previous bill was working and kept carry over until a work order is processed; then staff can go out to check meter to see if it functioning or a dead read. Also, for excess use it is very common for a seal on the bottom of toilet can leak over a month period of time and use 3-4units of water does seem much but they could go through many units of water and if it is high staff goes out re-read the meter double check reading if the meter is bad it will be replaced at no charge. Isidro Martinez would like to summarize the water issue if it good to drink. He reads his meter before and after there are errors and went to the City to come re-read my meter and there is errors something to consider. Another thing, the Water Plant send us water document every three months that water is good to drink. It states that “we are working on the quality of the water;” he reads this every year. Mayor Preciado stated that the City of Avenal, Huron, Coalinga and Lemoore Air Base has to meet the requirement for THM, but even if those communities are not meeting those requirement the water is safe to drink. Ms. Whitten announced that number of protest letters received. Ms. Maria Ortiz, City Clerk entered into record 9- letters of opposition to Prop 218 and one disqualified no signature. She clarified that regarding the number received and what is required for the City Council not increasing the rates would be a majority. She would like to inform all that their 1,950 active connections, but actually they are 2200, with the 9-protest letters do not meet the thresh hold and the City Council would decide. Mayor Preciado Closed Public Hearing at 7: 23 p.m. After a brief discussion the following action was taken: RESOLUTION NO: 2017-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAVENAL, CALIFORNIA, INCREASING THE CITY'S WATER UTILITY SERVICE RATES AND CHARGES EFFECTIVE JANUARY 2018. Roll Call Vote: AYES: Ovalle, Woolley, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: Moreno. RESOLUTION NO: 2017-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA, INCREASING THE CITY'S WASTE WATER (SEWER) UTILITY SERVICE RATES AND CHARGES EFFECTIVE JANUARY 2018. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: Moreno. OLD BUSINESS: A. None. NEW BUSINESS: A. None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Joint Meeting City Council/Successor Agency November 9, 2017 Page 5 of 5 Mayor Pro Tem Ovalle commented the following: 1) Monday, Workshop at 2:30-3:30 p.m. Dial A Ride Melissa Whitten, City Manager commented the following: 1) Veteran Day which the City observed and all city offices will be closed. She acknowledged Avenal Police Department, the department will be 7-years, November 15th 12:01 a.m. She thanked the City Council for their continued support. Also, thanked very much Chief Stivers, Assistant Chief Arend LaBlue and Officers City Council went into Closed Session at 6:48 p.m. CLOSED SESSION: (City/Successor Agency/Housing Authority): 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/City Attorney/CrisCom. 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. 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 8:27 p.m. with action out of Closed Session as follows: RESOLUTION NO: 2017-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO AN AGREEMENT WITH “CRISCOM COMPANY” FOR SERVICES RELATED TO NEGOTIATING THE PURCHASE/ACQUISITION OF CERTAIN PROPERTIES WITHIN THE CITY OF AVENAL FOR USE BY THE CITY; FUTURE AUTHORIZE THE CITY MANAGER TO SIGN AND EXECUTE SAID AGREEMENT. A motion made by Mayor Preciado, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: Moreno. There being no further business, the City Council meeting was adjourned at 8:30 p.m. Respectfully Submitted, Maria Ortiz, City Clerk