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 22, 2018; 6:00 P.M. AVENAL THEATER, 233 E. KINGS ST.; AVENAL, CA 93204 MINUTES Mayor Pro Tem Ovalle called the meeting to order at 6:00 p.m. Council Members Absent: Mayor Preciado. Staff Present: Whitten, Ortiz, Perkins, Santillan, Stivers, Davis, Starne. Legal Counsel: Joseph Beery PLEDGE OF ALLEGIANCE: Led by Mayor Pro Tem Ovalle. ROLL CALL: Councilman Gravelle, Councilmember Woolley, Councilmember Moreno, Mayor Pro Tem Ovalle. 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 March 8, 2018: A motion to approve the Consent Calendar was made by Councilman/Successor Agency Member Gravelle, seconded by Councilmember/Successor Agency Member Woolley and carried. Roll Call Vote: AYES: Gravelle, Woolley, Moreno, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/HOUSING AUTHORITY MEMBER REPORTS/ITEMS FOR CONSIDERATION: A. Consider Appointment to the Planning Commission: Fernando Santillan, Community & Economic Development Director, stated that at the February 22 City Council meeting, Councilman Gravelle appointed Jenny Torres to fill the vacant Planning Commission seat. Regrettably, Ms. Torres withdrew her application the following week citing other commitments. Staff is seeking direction. Councilman Gravelle directed Staff to publish vacancy in the Chimes until filled. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No comments were offered from the public. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: Joint Meeting City Council/Successor Agency March 22, 2018 Page 2 of 7 1) Theater & Event Coordinator Activity Report: Louisa Starne, Avenal Theater & Event Coordinator. Louisa Starne, Avenal Theater & Event Coordinator, reported the following: 1) Circle K donated product for fountain machine; 2) Movie nights are held the 1st & 3rd Friday of each month. Swank Motion Pictures to will provide movie licenses at $85.00 per movie; 3) cleaning day was a success and thanked the Recreation Department for their help as they headed the effort while she was sick; 4) Locks were installed in the concession cabinets by Public Works to keep product locked up during rentals; 5) the ice machine went down again but is now working, thanks to Scott; and 6) Jose Ramirez Parade. 2) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Mr. Santillan reported the following: 1) The 2018 General Plan Update; 2) the Strategic Growth Council grant; 3) The environmental review process is moving forward for the 18" Water Transmission Line Replacement project. Protocol-level surveys will begin in April. Plans and specs are 75% complete; 4) The CEQA documents for the Public Recreation Facility are near completion, as well as the federal NEPA documents. Staff hopes to bring the Mitigated Negative Declaration to Council for approval in April to obtain the authority to use grant funds in May; 5) Arroyo Del Camino Phase II building plans have been received and submitted to Wildan for review; 6) An administrative subcontractor for the HOME-16 (Arroyo Del Camino) grant has been selected and the grant set-up process is underway. A kickoff call between Avenal Pacific Associates (developer), R.L. Hastings (admin subcontractor), and the Community Development Director was conducted on March 12; 7) Urban Greening Grant Workshop March 2, 2018. An application in the amount of $1.6 million to fund a bike and pedestrian trail from Union Ave. to the Sports Complex will be submitted by the April 11, 2018 due date; 8) Web Development Classes at the Avenal Technology Training Center will begin on March 20. Antony has done a great job with marketing and outreach. The class is already full (25 students) and a waitlist has been started; 9) A USDA Community Facilities Grant for $40,000 was submitted in March to help pay for fitness equipment at the Public Recreation Facility once it is built; 10) Issues/items related to the City's Housing Programs, including potential foreclosures, payoffs, reconveyances, and loan subordinations; 11) The Rice Park restrooms project is expected to resume activity soon; Plans still need to be drawn up, but the general design and specs have been agreed upon by Staff. The project is being funded by a CA State Parks grant obtained last year; 12) Trails Committee will be resume on April 3 to discuss upcoming trail projects; 13) Website and calendar updated as necessary; and, 14) Avenal State Prison will display inmate art in a Fresno Art Gallery April 5-22, 2018. 3) Avenal Police Department Activity Report: Russell Stivers, Chief of Police. Russell Stivers, Chief of Police, reported the following: 1) Officer & suspect injured, suspect arrested for meth sales; 2) Tips jar stolen, suspect located; 3) Burglary suspect arrested, property recovered; 4) Rash of thefts from vehicles stopped; 5) DUI arrest leads to seizure of firearm from felon; 6) APD assisted with sexual assault suspect arrest; 7) Off-campus gang stabbing suspect arrested; 8) JSO Report and “Every 15 Minutes” will be held May 2, 2018; 9) Boxing Club undergoing renovation. Thanked Public Works; 10) CAD Calls; and, 11) Monthly Statistical Report. B. Special Presentations/Requests: 1) Avenal Regional Landfill Report: George Anderson, Site Manager. George Anderson, Site Manager, reported the following: 1) February 29th is his second-year anniversary as Site Manager at Avenal Regional Landfill; 2) Introduced Roman Linarte, Lead Operator, who has diverse responsibilities and takes charge in his absence. Mr. Linarte has faced many challenges and overcome them; 3) he completed the Landfill Operations Manager Certification; 4) Q1 - 39,581 tons, Q2 - 40,000 tons, Q3 - 47,195 tons, Q4 - 51,274 tons. 2017 was a good year; 5) The Landfill has tried for decades to obtain certification for High Moisture Content and is happy to report that the Water Board has approved their permit and they could soon be the third provider in the State; 6) He received a call from Ms. Whitten regarding atmosphere testers. The Landfill does not have one, but they do surface monitoring to make sure their methane levels are in compliance. They do have a station that measures wind, humidity and air quality at the landfill; and, 7) Mrs. Woolley visited the landfill; 8) Due to an unfortunate accident at a Waste Connection facility in San Jose where a gentleman was backed over and killed, Joint Meeting City Council/Successor Agency March 22, 2018 Page 3 of 7 Waste Connection immediately implemented a Hot Zone, where private vehicles are kept apart from commercial vehicles to keep them safe. Hot Zone informational handouts are now given to residents and new customers. 2) Information Regarding City Investment Opportunities: Dawn Perkins, CPA, Administrative Analyst (Information Only) Dawn Perkins, CPA, Administrative Analyst, gave an update on potential investments. The Finance Committee met on Monday and she let them know there are several investment firms trying to get our business, Municipal Asset Management Group, First Empire Securities, Inc., Multi-Bank Securities, Inc., & Time Value Investments, Inc. Their offerings are basically the same, as follows:  Multi Bank Security – computer platform that allows the City to make the investment decisions itself without a middle man. It does not allow investments to be made over the $250,000 FDIC insured threshold with any one bank. It will not list any offerings that would take you over the limit. There is no fee for the broker.  Municipal Asset Management Group – a fee is charged, but it is included in the cost to invest. They would like to start with the bond reserves with is allowed in the bond documents. U.S. Bank’s Myrna Choroski, Account Manager, was consulted as to whether this is allowed. She concluded that she would check references with other cities in attendance at the next RMA meeting. She will bring back a report to the next meeting with recommendations. 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/MND):  Staff Report  Public Hearing  Recommendation: By motion, approve Resolution Fernando Santillan, Community & Economic Development Director, stated that this is required by law and discussed at the last City Council meeting. A public hearing was opened for General Plan Update and continued due to receiving comments from California Department of Fish & Wildlife to include mitigation measures to be adopted and incorporated into the General Plan 2025, (updated) as well as additional mitigation measures as recommended and described in the accompanying MMRP. Also included was a Response to Comments memorandum, in which Staff responded to all comments that were made to the Initial Study/Mitigated Negative Declaration, one from Chevron, and one from the California Department of Oil & Gas. This was a request for more information, as they wanted to know the history of the gas lines in Avenal. Staff recommends the City Council take the following steps:  Continue the public hearing which was opened and continued at the March 8 City Council meeting. After comments have been heard and the public hearing has been closed;  Approve the Avenal General Plan Enhancement Mitigated Negative Declaration, for which an Initial Study was prepared in accordance with the California Environmental Quality Act, attached to the accompanying Resolution as Exhibit "A";  Approve the attached Mitigation Monitoring and Reporting Program, supplementing the original General Plan 2025 mitigation measures and attached to the accompanying Resolution as Exhibit "B"; and,  Adopt the Avenal General Plan Enhancement (General Plan 2035), including the General Plan 2035 policies and land use map attached to the accompanying Resolution as Exhibit "C". Mayor Pro Tem Ovalle opened the public hearing for the 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/MND) at 6:50 p.m. Joint Meeting City Council/Successor Agency March 22, 2018 Page 4 of 7 With no comments from the public, Mayor Pro Tem Ovalle closed the public hearing at 6:50 p.m. After a brief discussion, the following action was taken. RESOLUTION: 2018-13: A RESOLUTION OF THE AVENAL CITY COUNCIL ADOPTING THE AVENAL GENERAL PLAN ENHANCEMENT MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING THE AVENAL GENERAL PLAN ENHANCEMENT (AVENAL GENERAL PLAN 2035). A motion was made by Councilman Gravelle, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Gravelle, Woolley, Moreno, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. B. Consider Amendments/Changes/Updates to the Avenal Zoning Ordinance:  Staff Report  Public Hearing  Recommendation: By motion, introduce and waive 1st reading Mr. Santillan stated that the City Council reviewed the Amendments/Changes/Updates to the Avenal Zoning Ordinance at the last City Council Study Session. Ms. Ortiz included a new map of the Skyline Blvd. Overlay District with an updated Ordinance after a discussion with Moses Diaz, Deputy City Attorney. Staff drafted a map that can be included once the ordinance is approved and some legal language is updated. Councilmember Woolley requested an explanation of what an overlay district is. Mr. Santillan stated that the purpose of the Skyline Boulevard Design Overlay District (S-DO) is to establish development and design standards for properties located along Skyline Boulevard. The design standards in the S-DO district shall be in addition to the Base District with which the S-DO District is combined. Also, based on feedback received at the March 8, 2018 City Council study session, changes have been made to the proposed amendments and the attached resolution and staff report have been updated accordingly. Staff recommends that, after holding the public hearing, Council make the following findings, waive the first reading and introduce the ordinance by vote: 1. This Ordinance introduced by the City Council amending the Avenal Zoning Ordinance is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 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 Text Change Ordinance introduced by this City Council of the City of Avenal is consistent with the City's current General Plan 2025 and proposed General Plan 2035. Mayor Pro Tem Ovalle opened public hearings regarding Amendments/Changes/Updates to the Avenal Zoning Ordinance at 6:56 p.m. With no comments from public, Mayor Pro Tem Ovalle closed public hearing at 6:56 p.m. Ms. Whitten clarified that Council is to approve Ordinance as amended and waive the first reading and introduce the Ordinance by title only. ORDINANCE 2018-01: AN ORDINANCE OF THE AVENAL CITY COUNCIL AMENDING VARIOUS SECTIONS OF THE AVENAL ZONING ORDINANCE TO ENSURE CONSISTENCY WITH STATE LAW AND THE GENERAL PLAN 2035. A motion made by Councilman Gravelle, seconded by Councilmember Moreno and carried. Roll Call Vote: AYES: Gravelle, Moreno, Woolley, Ovalle. Joint Meeting City Council/Successor Agency March 22, 2018 Page 5 of 7 NOES: None. ABSENT: Preciado. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Resolution Approving the Application for Grant Funds for the California Climate Investments Urban Greening Program: Mr. Santillan stated on March 2nd, 2018, Staff attended a technical assistance workshop for the Strategic Growth Council's Urban Greening Grant, which is managed by the California Natural Resources Agency. This grant will fund "innovative projects [that] will improve the state's urban areas and create green spaces that are more sustainable and enjoyable," while also helping the state meet its "greenhouse gas emissions targets and contribute to healthy and vibrant communities." The Community Development Department intends to apply for this grant by proposing a paved bike and pedestrian trail from Tamarack Elementary (along Union Ave.) to the Sports Complex. A preliminary cost estimate for this project is about $1.6 million, which is the amount we will be applying for. The grant application is due on April 11, 2018. Staff has heard from many community members over the years about the desire for this type of project, as the Sports Complex is regrettably very inaccessible for many residents. This path would provide not only paved access to the Sports Complex, but also trees and landscaping (with irrigation), benches, lighting, and potentially other amenities. Our hope is that this project will increase the use of the Sports Complex facility and augment recreational and healthy lifestyle opportunities for all of Avenal's residents. Staff recommends the City Council approve the attached resolution approving the City's application to the Urban Greening Grant Program for a bike and pedestrian trail to the Avenal Sports Complex. After a brief discussion, the following action was taken. RESOLUTION 2018-14: A RESOLUTION OF THE AVENAL CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM. A motion was made by Councilmember Moreno, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Moreno, Gravelle, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. B. Consider Approval to Modify Funding Request to Require Participating in Community Events and Allow Volunteers to Receive Volunteer Hours: Mrs. Perkins reported that Staff has been asked that City Funding requests include the requirement for said organizations to participate in community events and to utilize volunteers for events; providing opportunities to fulfill requirements for High School graduation, community service, or for those wishing to make an impact in their community. In order to modify the application for Funding, City Council's approval is requested prior to the application packet to be mailed for April 1, 2018. After a brief discussion, the City Council decided to table the item until further notice. C. Consider for Approval of City Established Donation Revenue Account for the Purpose of Purchasing a Police Dog/Police Canine: Joint Meeting City Council/Successor Agency March 22, 2018 Page 6 of 7 The Avenal Police Department would like to pursue the addition of a police service dog (PSG)/canine to the ranks of the Police Department. A police service dog would benefit the department and the community in the following ways:  Narcotic Detection  Tracking of victims, suspects or missing persons  Officer Safety  Criminal Apprehension, if necessary  Public Relations Establishing a police service dog program typically costs in excess of $20,000 which includes the purchase of the dog and the two months of initial training. Once the handler and the canine complete the basic training, the handler and canine are certified in narcotic detection and patrol work. Other associated costs of an officer assigned as a canine handler include but are not limited to the purchase of a kennel, the outfitting of a patrol vehicle which would include a heat alarm, supplies such as leashes and toys and a training suit. Many departments receive donations and/or hold fundraisers to cover the expenses of purchasing police service dogs. If approved, the City would be in a position to accept donations for the initial purchase of our own and very first service dog. A motion was made by Councilman Gravelle to approve of city established donation revenue account for the purpose of purchasing a Police Dog/Police Canine, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Gravelle, Woolley, Moreno, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Gravelle commented on the following: 1) March 23rd City Employee Appreciation Breakfast 7-9 AM; 2) Easter Egg Hunt Saturday 10:00 AM - 2:00 PM; 3) March 25th Parade – Honoring Jose Ramirez, starts at First Avenue to Kings Street to San Joaquin Street/Boxing Club and Rice Park. Free hot dogs, cake and autographed pictures with Jose Ramirez. Everyone is invited to come. Councilmember Woolley commented on the following: 1) She asked if anyone had a Ramirez hat because she would like the Theater’s mannequin to display one; 2) she attended the CalCOG Conference last week in Monterey, where items discussed included Emergency Preparedness for fires and floods; and the appearance of future transportation. Also, in the upcoming election, there is a petition to recall SB1. We need to inform everyone where this money is going and how we benefit from it. Maria Ortiz commented the following: 1) she reminded the City Council that their Form 700 needs to be submitted before April 1, 2018. Ms. Whitten commented on the following: 1) City Hall will be closed March 30th for Good Friday & April 2nd to observe Cesar Chavez Day; 2) she wanted the Council and public to know that the City is still going through the trademark process for the “Pistachio Capital of the World” and it is near the end. The City Council went into Closed Session at 6:40 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 representatives: City Employees Joint Meeting City Council/Successor Agency March 22, 2018 Page 7 of 7 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: 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: 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: APN: 040-311-001 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Avenal Hospital District. Instructions to negotiator concerning: Terms. Property Description: APN: APN: 040-291-002 Negotiator(s): City Manager and City Attorney. Party with whom negotiating: Doyle. 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, Chief of Police. ADJOURNMENT: The meeting reopened at 7:26 p.m. with the following action: A motion was made by Councilmember Gravelle to allow property negotiators to negotiate a purchase price, in an amount not to exceed $10,000, for property located east of Union Avenue and south of Kern Street, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Woolley, Moreno. NOES: None. ABSENT: Preciado. ABSTAIN: None. There being no further business, the City Council meeting was adjourned at 7:26 p.m. Respectfully Submitted, Maria Ortiz, City Clerk