City Council/Successor Agency/Public Finance Authority

AGENDA ITEM NO. 5. – A. CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY THURSDAY, SEPTEMBER 27, 2018; 5:15 P.M. AVENAL RECREATION CENTER; 717 E. MONTEREY STREET, CA. 93204 MINUTES Mayor Preciado called the meeting to order at 5:15 p.m. Council Members Absent: None. Staff Present: Whitten, Ortiz, Perkins, Santillan, Mora, Stivers, Lopez. Legal Counsel: Michael Farley. PLEDGE OF ALLEGIANCE: Led by Mayor Preciado. ROLL CALL: Councilman Gravelle, Councilman Harvick, 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. The City Council went into Closed Session at 5:16 p.m. CLOSED SESSION: (City/Successor Agency): It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: 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 or not basis exists for closed-session for anticipated litigation (Government Code§ 54956.9(d) (3)). Number of potential cases is: 1. B. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code§ 54957.6). It is the intent of this governing body to meet in closed-session to review its position and to instruct its designated representatives: Designated representatives: 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 ifs 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. Joint Meeting City Council/Successor Agency September 27, 2018 Page 2 of 5 Party with whom negotiating: State of California, Judicial Council. Instructions to negotiator concerning: Terms Property Description: Easements Negotiator(s): City Manager/City Attorney Party with whom negotiating: Various Property Owners. Instructions to negotiator concerning: Terms Property Description: APN: APN: 040-243-015 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: Margarita Ramirez. Instructions to negotiator concerning: Terms D. 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. The City Council meeting reopened at 6:38 p.m. with action to report as follows: Melissa Whitten, City Manager, announced that after seriously considering a request by Margarita Ramirez to consider road improvements on Kern Street as she owns property there. After careful consideration the request was denied. A motion was made by Councilmember Woolley to deny request for road improvements on Kern Street, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Harvick. NOES: Preciado. ABSENT: None. ABSTAIN: None. CONSENT CALENDAR: All items listed under the consent cale11dar are considered to be routine and enacted by one motion: (Action) A. Consider City of Avenal/Successor Agency-Approval ofMinutes for August 9, 2018, August 21, 2018 & September 6, 2018: B. City Warrants and Financial Statements for August: A motion to approve the Consent Calendar was made by Councilman/Successor Agency Member Harvick, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Harvick, Woolley, Gravelle, Ovalle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Introduction & Swearing-in of New Avenal Police Department, Officer: Austin Rodrigues and K-9 Officer, “Gunnar”; Chief Stivers introduced and swore in new Officer Austin Rodrigues, who is on Phase II of training with Senior Officer Storm. He graduated from Kings-Tulare Police Academy on January 18, 2018 and was an Explorer for Lemoore Police Department. Chief is happy to have him on board and he is always smiling. His badge was pinned on by his girlfriend. Also, Joint Meeting City Council/Successor Agency September 27, 2018 Page 3 of 5 Chief Stivers introduced the new K-9 Officer, Gunnar, and his handler Officer Stryd. The City Council and Staff welcomed them. Austin Rodrigues, thanked the City Council for this great opportunity. The City Council & Staff welcomed Austin Rodrigues to the City family. B. Introduction of New Animal Shelter Technician – Alexis Oxford; Dawn Perkins, CPA, Director of Administrative Services, introduced Alexis Oxford, Part-time Animal Shelter Technician. The City Council & Staff welcomed her to the City of Avenal. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Rogelio Gutierrez addressed the following: 1) Closed Session meetings need to be after the public portion of the meeting rather than before in consideration of the people standing outside for a long time. Many left because it was taking too long for the meeting to restart. Also, he had an administrative concern. ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Arturo Mora, Public Works Leadsman; Arturo Mora, Public Works Leadsman, 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. 2) Avenal Theater & Event Center Activity Report: Louisa Starne, Avenal Theater & Event Coordinator; Louisa Starne, Avenal Theater & Event Coordinator, reported the following: 1) Movie night – September 7th “Rampage,” “Early Man,” & “Avenger Infinity War;” 2) Treat Street Recruiting; 3) Sept. 14th Farmers Market & Day of the Family; and, 5) Oct 5th Movie Night and projector maintenance, October 12th Farmer’s Market Trick or Treating, October 18th -21st Pistachio Festival, October 24th Career Day Middle School; October 31st Kings Treat Street. 3) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director, reported the following: 1) Community Center project; Staff visited facilities in Delano, Clovis, Fresno, and McFarland. Delano has a brand new Community Center very similar to what is planned for Avenal and we were able to obtain lots of good ideas and. information; 2) Submission of three applications for the Wonderful Community Grants Program for projects at the Neighborhood Park, Rice Park, and on San Joaquin Street next to the Boxing Club; 3) One first-time homebuyer loan was approved; 4) The Water Transmission Pipeline project continues to move forward and we hope to still apply for construction funding this year; 5) An Initial Study/Negative Declaration completed for the new Amigo Market on Kings Street at the site of the old Beverage Hut. It is expected to go to the Planning Commission for approval in November; 6) The Rice Park Restrooms project waiting for only one more quote/proposal before selecting a contractor; 7) The Kochergen Farms Composting Facility expansion project has been delayed while the company considers potential changes to their project. The Planning Commission continued the CUP Public Hearing until October 1st; 8) The Fresno State Office of Community and Economic Development is planning a business resource workshop on November 6th in the Avenal Theater meeting rooms from 6:00 to 8:00 pm. with representatives from the Small Business Administration, Access Plus Capital, the Small Business Development Center, San Joaquin Valley Rural Development Center, and others to help small businesses obtain access to resources and information; and, 9) Installation of ADA-accessible doors at the Veterans Hall and Recreation Center is expected to be completed by the end of the second week in October.  4) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police. Rusty Stivers, Chief of Police, reported the following: 1) Shooting investigated; firearm located; 2) Lemoore/Hanford gang members in Avenal; 3) Zip gun loaded with shotgun shells located; suspect arrested; 4) Assault leads to shooting; 5) Personnel changes - Senior Officer Segura resigned to go to Visalia PD, Senior Officer Cisneros- Rivera transferred from the Problem Oriented Policing Unit (P. O. P.) to patrol, Officer Garcia was selected as the new P.O.P. officer & Officer Austin Rodrigues was hired full time to replace Segura; 6) Police Activities League; 7) Explorer Post 1050; 8) CAD Calls Received; 9) Monthly Statistical Report; and, 10) Officer Garcia would like to invite the City Council & Staff to National Coffee with a Cop on Wednesday, October 3, 2018; Gallery Café -161 E. Kings Street at 7:00 a.m. to 8:30 a.m. B. Special Presentations/Requests: 1. Avenal Historical Society Museum Presentation of Big Tell Premier: Antony Lopez, Board Member. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Change Order for Sanitary Sewer Collection System Closed Circuit Television (CCTV) Inspection Service Project with National Plant Service, Inc. & Authorize the City Manager to Sign Change Order on Behalf of the City: Alfonso Manrique, AM Consulting Engineers, Inc. After a brief, discussion the following action was taken: RESOLUTION 2018-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING CHANGE ORDER NO. 1 IN THE AMOUNT OF $51,202.20 FOR SANITARY SEWER COLLECTION SYSTEM CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION SERVICES PROVIDED BY AGREEMENT WITH NATIONAL PLANT SERVICES, INC. DUE TO ADDITIONAL SERVICES NEEDED. A motion was made by Councilman Harvick, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Harvick, Gravelle, Ovalle, Woolley, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Whistle Blower Policy: Mrs. Perkins stated that in the Fiscal Year 2016 - 2017 Audit, it was recommended by our auditors, Sotomayor & Associates CPAs, that a Whistleblower Policy be put into place for City Council, employees, volunteers and citizens to express their concerns regarding fraudulent and/or illegal activities that may happen in the City of Avenal. Staff has drafted the Whistleblower Policy and it has been approved by the City Attorney as to the contents. Staff recommends the Whistleblower Policy be approved by Resolution. RESOLUTION 2018-44: CITY OF AVENAL POLICIES AND PROCEDURES WHISTLEBLOWER PROTECTION POLICY. A motion was made by Councilmember Woolley, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Harvick, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency July 12, 2018 Page 5 of 5 CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mayor Pro Tem Ovalle commented on the following: 1) Texas roads are good, gas prices are low and the speed limit is 80 mph. In coming back to California and comparing how everything needs repairs, if you don’t change the mentality of the administration, nothing will change no matter how much money is set aside. Ms. Whitten commented on the following: 1) Farmers Market 7-10 PM and everyone is invited to go; and, 2) She thanked Ms. Weaver and everyone that was involved with the video and for not forgetting Avenal. Mayor Preciado commented on the following: 1) Independence Day Celebration at the Sports Complex. Also, we are here to make Avenal a better place to live; 2) JPA meeting; 3) St. Joseph’s Catholic Church’s soccer tournament, with games and food for all ages. Everyone is invited. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:29 p.m. Respectfully Submitted, Maria Ortiz, City Clerk