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, MARCH 8, 2018; 6:00 P.M. AVENAL THEATER, 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 6:01 p.m. Council Members Absent: Councilmember Moreno. Staff Present: Whitten, Ortiz, Perkins, Santillan, Stivers, Mora, Verdugo. Legal Counsel: Joseph Beery PLEDGE OF ALLEGIANCE: Led by Mayor Preciado. ROLL CALL: Councilman Gravelle, Councilmember Woolley, Mayor Pro Tem Ovalle, Mayor 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 February 22, 2018: B. City Warrants and Financial Statements for February: A motion to approve the Consent Calendar was made by Councilman/Successor Agency Member Gravelle, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Gravelle, Woolley, Ovalle, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Consider Scheduling Special Study Session to Review Proposed Amended/Updated Mission Statement Including "Values" and City Goals: Melissa Whitten, City Manager, reported as the Study Session scheduled on February 22, 2018 was cancelled due to the absence of the City Manager, Staff is requesting that the City Council consider scheduling a Special Study Session to review the proposed Amended/Updated Mission Statement including "Values" and City Goals. Staff suggests the following dates understanding that Council may desire to schedule differently: Monday, March 19, 2018 5:30 p.m. – 7:00 p.m. City Hall Tuesday, March 20, 20185:30 p.m. – 7:00 p.m. City Hall Monday, March 26, 2018 5:30 p.m. – 7:00 p.m. City Hall Joint Meeting City Council/Successor Agency March 8, 2018 Page 2 of 6 Staff recommends by motion, schedule date, time and location for Special Study Session to review proposed Amended and Updated Mission Statement including “Values” and City Goals. The motion was made by Councilman Gravelle to schedule Special Study Session to review proposed Amended and Updated Mission Statement including “Values” and City Goals on Monday, March 26, 2018; 5:30 p.m. – 7:00 p.m.; City Hall, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. 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, Public Works Director (A); Arturo Mora, Public Works Supervisor (A), reported the following: 1) Building; 2) Code Enforcement; 3) Parks & Landscape; 4) Animal Control; 5) Streets; 6) Water Distribution; 7) Wastewater Collection; and, 8) Vehicle, Equipment & Building Maintenance. Councilmember Woolley announced that the Animal Control Department is running low on newspaper. Councilman Gravelle mentioned that there is a box at Harris Ranch to collect newspapers for Animal Control Department. Councilmember Gravelle then asked about the Animal Control vehicle. Mr. Mora stated that it is on back order. Mayor Preciado expressed a concern regarding the high volume of complaints about Code Enforcement. Ms. Whitten stated that complaints are logged in by the front desk clerk, followed up by Code Enforcement regarding compliance and once completed, signed off by Code Enforcement Officer. B. Special Presentations/Requests: 1) None. PUBLIC HEARING(s): A. Consider Approval of the 2018 General Plan Update including a Series of Stand-Alone Sustainability Implementation Programs to Address Recent Changes to State Law; and, Approval of the Initial Study/Mitigated Negative Declaration (IS/l'v1I'ID):  Staff Report  Public Hearing  Recommendation: By motion, approve Resolution B. Consider Amendments/Changes/Updates to the Avenal Zoning Ordinance:  Staff Report  Public Hearing  Recommendation: By motion, introduce and waive 1st reading Fernando Santillan, Community & Economic Development Director, stated that due to comments received by the CA Department of Fish & Wildlife (CDFW) on Friday, March 2, 2018, Staff has found it necessary to continue the public hearings regarding General Plan and Zoning Code Amendment adoptions until the March 22, 2018 City Joint Meeting City Council/Successor Agency March 8, 2018 Page 3 of 6 Council meeting. We are currently working on establishing a Mitigation Monitoring and Reporting Plan (MMRP) which incorporates some or all of the recommendations made by CDFW. Mayor Preciado opened public hearings regarding General Plan and Zoning Code Amendment adoptions until the March 22, 2018 at 6:22 p.m. Mayor Preciado closed public hearing with no comments from public at 6:22 p.m. After a brief discussion, a motion was made by Councilman Gravelle continuing the public hearing regarding General Plan and Zoning Code Amendments until the March 22, 2018 City Council meeting, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Entering into an Agreement with R.L. Hastings & Associates for Administrative Subcontracting of the 2016 HOME Grant: Mr. Santillan reported that the City of Avenal has been awarded a grant under the 2016 HOME Investment Partnerships Program (HOME) for the development of Phase II of the Arroyo Del Camino Apartments - thirty-six units under new construction. $100,000 of the grant funds will be for the City's administrative costs incurred while managing the grant. Given the rigorous reporting and administrative requirements associated with the grant, the California Department of Housing and Community Development strongly recommends that cities contract with an experienced consultant to help administer the grant and monitor labor and wage compliance. He continued that the Community Development Department issued an RFP for an Administrative Subcontractor in February and received five proposals. Two of the proposals received were for Wage Compliance services only. Three proposals were for both HOME Grant Management and Wage Compliance services. Submissions for both HOME Grant Management and Wage Compliance services were received by Laurin Associates, Sigala Inc. and R.L. Hastings & Associates. Our department thoroughly reviewed and scored each application individually. Scoring is based on experience, references, and ability to complete the scope of work. From a possible 100 points, scores were averaged and are provided below: 97 points - R.L. Hastings & Associates. 96 points - Laurin Associates 88.5 points – Sigala, Inc R.L. Hastings & Associates scored high due to Mr. Hastings' extensive experience in the Central Valley with these types of projects and City staff have had a good experience working with Mr. Hastings on our previous HOME project grant. Mr. Hastings' proposal also came in under the $50,000 budget the City had established for this contract. The total contract amount is $47,500. After a brief discussion the following action was taken. RESOLUTION 2018-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH R.L. HASTINGS & ASSOCIATES FOR ADMINISTRATIVE SUBCONTRACTOR SERVICES RELATED TO THE 2016 Joint Meeting City Council/Successor Agency March 8, 2018 Page 4 of 6 HOME PROGRAM GRANT. A motion was made by Councilmember Woolley, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. B. Consider Approval of the 2018 Local Transportation Funding Claim: (Discussion/Action). Ms. Whitten reported that Staff had received notification from the Kings County Association of Governments informing the City of the apportionment of local Transportation Fund(s) for FY 2018/19 in the amount of $342,477.00. The use of funds is proposed as follows: ARTICLES: Local Streets and Roads $265,297 Local Transportation Services $4,000 Planning $14,255 Public Transit - KART $58,925 TOTAL: $342,477 Staff has also included a projected FY 2018/19 Street (Attachment “C” LTF FY 2018/19 Road Maintenance & Construction Project (Reconstruction/Improvement of E. Stanislaus Street from 7th Avenue to E. San Joaquin Street Project). As per KCAPTA, the first public hearing on our behalf was held on February 28, 2018; the second hearing will be held on March 28, 2018. Staff must submit the completed claim form with attachments and Resolution to KCAG before 5:00 p.m. on April 1, 2018. After a brief discussion the following action was taken. RESOLUTION 2018-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING A CLAIM TO BE MADE FOR THE LOCAL TRANSPORTATION FUNDS FOR THE 2018/19 FISCAL YEAR, FINDING NO UNMET PUBLIC TRANSIT NEEDS AND AUTHORZING THE CITY MANAGER TO MAKE AND AMEND SUCH CLAIMS. A motion was made by Councilman Gravelle, seconded by Mayor Pro Tem Ovalle and carried Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. C. Consider Entering into an Agreement with PYRO Spectaculars: (Discussion/Action). Staff has received the Pyrotechnic Proposal from Mark Silveira, Producer and District Manager of PYRO Spectaculars, Inc. He indicated that in order for the Recreation Department to move forward with the June 30th, Independence Fireworks Display, the City would need to enter into an agreement, which includes a deposit of $5,250.00 to be made by April 20, 2018. To date fundraising efforts and sponsorship have produced a total of $8,250.00 with the goal being $11,000. Additional funding is expected to come in between now and the final payment date of July 2nd, 2018. Resources for fundraising are not as easily attainable; however, staff remains hopeful that other funding opportunities will arise. Staff recommends Council authorize an Agreement with PYRO Spectaculars. Joint Meeting City Council/Successor Agency March 8, 2018 Page 5 of 6 Ms. Whitten stated that item 16 in the agreement needs to be corrected by changing the venue to Kings County. After a brief discussion, the following action was taken. RESOLUTION 2018-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PYRO SPECTACULARS INC. FOR THE INDEPENDENCE DAY CELEBRATION AND FIREWORKS DISPLAY ON JUNE 30, 2018. A motion made by Councilman Gravelle, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Gravelle, Woolley, Ovalle, Preciado. NOES: None. ABSENT: Moreno. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Gravelle commented on the following: 1) He thanked all Public Works Department for installing a bench and trash where residents who run or walk can have a place to sit. Councilmember Woolley commented on the following: 1) KCAG/KCAPTA discussed repairing pot holes in the six tenths of a mile section of Route 269 with a Caltrans representative and two weeks later they were being patched; 2) next week she will attend a conference regarding roads. Maria Ortiz commented the following: 1) she reminded the City Council regarding their Form 700 which need to be submitted before April. Ms. Whitten commented on the following: 1) Annual conference call with CalRecycle with Scott Davis & Ivette Rodriguez, Mid Valley Disposal, and she was pleased with the progress. She thanked Scott Davis, the Public Works Department & Mid Valley Disposal for their great work. Also, the City and the Avenal State Prison will have site visits next week; 2) She spoke with Mr. Paulerd with P G & E regarding when the Street Light Upgrade Project will take place; 3) She contacted Alfonso Manrique, Engineer, as Council had entered into an agreement at last meeting. Also, the first kickoff meeting was scheduled with Scott Davis, Ronald Brumley and Mr. Manrique; and, 5) Animal Control will present two (2) new programs - micro-chipping/ spay & neutering at the first meeting in April. Mayor Preciado commented on the following: 1) Attendance at the San Joaquin Valley Air Quality/Citizens Advisory Committee meeting; and, 2) JPA Meeting. Mayor Preciado announced that County Supervisor Richard Valle will host the showing of the Jose Ramirez fight live at Dave & Buster's. Everyone is invited. The City Council went into Closed Session at 6:50 p.m. CLOSED SESSION: (City/Successor Agency/Housing Authority): 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 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: Joint Meeting City Council/Successor Agency March 8, 2018 Page 6 of 6 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: 040-254-010 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: City/Wynne. Instructions to negotiator concerning: Terms Property Description: APN: 040-311-001 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Avenal Hospital District. 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: Russell Stivers, Chie f of Police. ADJOURNMENT: The meeting reopened at 8:30 p.m. and no action out of Closed Session. There being no further business, the City Council meeting was adjourned at 8:30 p.m. Respectfully Submitted, Maria Ortiz, City Clerk