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 THEATER; 233 EAST KINGS 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, Stivers. Legal Counsel: Kenneth Jorgenson. 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. Melissa Whitten, City Manager, announced that there is an urgent matter. Staff is asking that the City Council consider adding an emergency declaration resolution under Item 6. - D. This is regarding all line failure and water leaks dealt with over past few weeks. A motion was made by Councilmember Woolley to add emergency declaration resolution Item 6. – D., seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Gravelle, Harvick, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. The City Council went into Closed Session at 5:18 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. 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 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 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: 040-165-007 Negotiator(s): City Manager/City Attorney/CrisCom. Party with whom negotiating: County of Kings/State of California. Joint Meeting City Council/Successor Agency October 11, 2018 Page 2 of 6 Instructions to negotiator concerning: Terms Property Description: Kochergen Farms Composting: APN: 036-170-040 Negotiator(s): City Manager/City Attorney Party with whom negotiating: Kochergen Instructions to negotiator concerning: Terms The City Council meeting was reopened at 6:06 p.m. with no action to report. 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 Gravelle, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Harvick, Woolley, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Pro Tem Ovalle abstained form warrant 45061. Mayor Preciado abstained from warrant 45058. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider Funding Annual Membership Dues: San Joaquin Valley Water Infrastructure Authority: Ms. Whitten, stated that The City received notification from the San Joaquin Valley Water Infrastructure Authority that Avenal's quarterly membership dues are new due and payable in the amount of $2,500. During preparation of the Fiscal Year 2018/19 City Budget, Staff had not received any type of notification regarding the continuance of the SJVWIA or any related membership expenses for this current year; therefore, funds were not included in Council's budget to pay the $10,000 membership expense. She will let Mayor Preciado take over and see Manuel Cunha in the audience and thanks him for being a great supporter of Avenal. She continues that if Council desires to fund the membership for FY 2018/19, Staff recommends the follow: 1) Drawdown funds from General Fund Reserves in the amount of $10,000; 2) transfer funds to FY 2018/19 City Budget, Fund 10.01000.672 (Memberships); and, 3) let the FY 2018/19 Budget reflect the changes (Revenue/Expenditure). Mayor Preciado stated that they will charge quarterly fees as Ms. Whitten mentioned, $2,500 per quarter. At this time, the Latino Water Coalition and the Latino Mayors and Elected Officials will each donate $1,000.00 to the City of Avenal to cover this quarter’s cost. The JPA should have received the $2,000 donations and will need only $500.00 for this quarter. The JPA is in the process of forming a new larger JPA with other Districts. It is not known if the existing JPA will remain active or dissolve. Manuel Cunha, President at Nisei Farmers League, reported the following: 1) he will present to the JPA Board a recommendation to reduce the amount of funds that each City and County pays; 2) The current JPA cannot build Temperance Flat by itself with only five counties & cities. They need to form a new JPA to include irrigation districts and the Mayors Board. The current JPA will be receiving $171 million for infrastructure. The money will Joint Meeting City Council/Successor Agency October 11, 2018 Page 3 of 6 come to the current JPA, who will in turn, write a check with legal agreements to new JPA; 3) The current JPA will recommend a supervisor and small city representation (Avenal) to have seats on the new JPA Board with voting rights; 4) He will attend Jose Ramirez’s father’s birthday party; 5) Mr. Cunha thanked everyone and donate $500 to the City of Avenal. Ms. Whitten asked Mr. Cunha for clarification whether the action taken tomorrow would decrease membership amount or will it be $10,000 for the year? Mr. Cunha stated it would be less. They are looking at a $150,000 budget for the year starting July 1st. He stated that the counties that were told to pay $50,000, will probably pay $20,000; and, cities will pay $2,500 for the year. After brief discussion, a motion was made by Councilmember Woolley to approve $2,500 for the quarter, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Gravelle, Ovalle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Approving 2018 Holiday Meeting Schedule: Ms. Whitten, stated that over the past several years, the City Council has been in favor of a "Holiday Meeting Schedule" in which only one (1) meeting is held in November and one (1) meeting is held in December. This type of schedule during this time allows Council and Staff to take a "break" during the upcoming season while accommodating holiday schedules. At this time, Staff is recommending the following Holiday Meeting Schedule for consideration by the City Council/Successors Agency: Thursday November 8, 2018 5:15 p.m. Avenal Theater Thursday November 22, 2018 5:15 p.m. Avenal Theater (cancel) Thursday December 13, 2018 5:15 p.m. Avenal Theater Thursday December 27, 2018 5:15 p.m. Avenal Theater (cancel) **Special meeting(s) can be scheduled and noticed if necessary. Staff recommends that the City Council cancel November 22, 2018 & December 27, 2018. A motion was made by Councilman Gravelle, to cancel meetings scheduled for November 22, 2018 & December 27, 2018, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Gravelle, Harvick, Ovalle, Woolley, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Nominating Community Members to Fill Vacancy o n the Citizen's Advisory Committee -Avenal State Prison: Ms. Whitten stated that the City received a letter from James Jepsen informing us that he will be resigning from the Citizen's Advisory Committee (CAC) as of November 15, 2018. This is a City-nominated representative position to serve on the Committee. The Committee meets on Wednesdays; every other month; 3:00 p.m. at the Avenal State Prison Facility; meetings last approximately 1 ½ hours. Joint Meeting City Council/Successor Agency October 11, 2018 Page 4 of 6 According to Avenal State Prison, there are no restrictions as to where a person must live or work in order to be considered for nomination by the City Council. As Council is aware, final appointments are made by the Warden. Mayor Pro Tem Ovalle announced that he would like to volunteer. After a brief discussion, a motion was made by Councilman Gravelle to appoint Mayor Pro Tem Ovalle to CAC, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Gravelle, Harvick, Ovalle, Woolley, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. D. Consider Emergency Resolution: Ms. Whitten thanked the City Council for adding an emergency item. The last three weeks have been the most stressful regarding the 18” & 12” water transmission lines. Staff is not sure of the total line’s condition, but at this time, we are asking the City Council to consider approving an emergency resolution, in case additional resources are needed. It would allow us to bring in additional resources. It would take a county resolution to declare a local emergency for us at the regional level, State, and Federal. The Public Works Department has done a phenomenal job, eight water leaks within three weeks. She spoke with Emergency Operations Chief Stivers and he agreed. RESOLUTION 2018-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING A LOCAL EMERGENCY DUE TO NUMBEROUS WATER MAIN TRANMISSION LINE FAILURES AND RELIANCE ON LIMITED WATER STORAGE CAPACITY TO MEET PUBLIC HEALTH AND SAFETY NEEDS. A motion was made by Councilman Harvick, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Harvick, Preciado, Gravelle, Ovalle, Woolley. NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: None 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 Leadman, 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) Community Recreation Activity Report: Shelia Verdugo, Supervisor; Anna Nieto, Senior Recreation Leader, reported the following: 1) Events – Back to School, Farmers Market combined with Day of the Family & Mural Unveiling; 2) Classes – Zumba, Karate, Dance & Fit to Succeed; 3) Upcoming - October 12th Farmers Market 7-10 PM, Trick or Treat theme at Rice Park; Pistachio Festival, November Joint Meeting City Council/Successor Agency October 11, 2018 Page 5 of 6 17th, Musical Festival, November 22nd Annual Thanksgiving Dinner & December 1st Holiday Magic breakfast, Boutique & Tree Lighting festivities; 4) Continued partnership with Kings County Tobacco Coalition; 5) working with Fernando on the Community Center; and 6) candy donations. Anna thanked Mrs. Woolley for her donations. B. Special Presentations/Requests: 1. None. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Entering into an Agreement with MacLeod Watts, Inc. RE OPEB Actuarial Valuation Service: Dawn Perkins, CPA, Director of Administrative Services, stated GASB 75 is an accounting and financial reporting provision requiring government employers to measure and report the liabilities associated with other (than pension) post-employment benefits (OPEB). The valuation dates will be for Fiscal Years ending June 30, 2018, 2019 and 2020. The City, at this time, has not established a trust fund (which is not required) and is continuing with the pay- as-you-go. Macleod Watts, Inc., formerly Bickmore Risk Services & Consulting, through an agreement with RMA, has agreed to provide the RMA members the OPEB Actuarial Valuation at a discount price. Staff recommends that the City Council enter into an agreement with Macleod Watts, Inc. for OPEB Actuarial Valuation Services at a cost of $5,900 for the valuation report and $1,800 for the updates for Fiscal Years 2019 and 2020, for a total of $9,500, understanding that if the City wishes to have the results for four (4) subgroups reported separately in the valuation report, there is an additional fee of $150 for each group. RESOLUTION 2018-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MACLEOD WATTS, INC. FOR OPEB ACTUARIAL VALUATION SERVICES. A motion was made by Councilmember Woolley, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Woolley, Gravelle, Harvick, Ovalle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None B. Consider Agreement with Kern Steel Buildings for New Restrooms at Rice Park: Fernando Santillan, Community Development Director, reported Staff has been working on obtaining proposals from various sources for installation of new restrooms at Rice Park. Different types of solutions and building types have been considered, including conventional steel buildings and prefabricated options. One of the challenges they have had is finding contractors that would be able to stay under our established budget of $160,000. Staff requested proposals based on a layout of 8 stalls, including two ADA-accessible stalls. Over the past several months, several qualified quotes from vendors and contractors were received as follows: ROMTEC (Pre-Fabricated Modular Building) $326,907.55 Joint Meeting City Council/Successor Agency October 11, 2018 Page 6 of 6 Kern Steel Buildings (Prefabricated Modular Building) $124,028.75 Jon Casey Construction (including 15% contingency) $264,836.49 He noted that the total cost of the project will be $124,028.75. Of that amount, $78,416.33 will come from CIP Fund 75- Parks Improvement and Restrooms and transferred into 10-07000-725 (General Fund - Community Development - Construction). The remaining $45,612.42 will come from the 2016 Housing Related Parks Grant awarded to the City last year. After a brief, discussion the following action was taken: RESOLUTION 2018-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KERN STEEL BUILDINGS FOR MANUFACTURE AND INSTALLATION OF NEW RESTROOMS AT RICE PARK A motion was made by Councilman Harvick, seconded by Councilmember Woolley and carried. Roll Call Vote: AYES: Harvick, Woolley, Gravelle, Ovalle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilmember Woolley stated she will not attend the next City Council meeting as she will be in Oregon babysitting. Councilmen Harvick thanked Chief Stivers for setting up the simulator demonstration at Avenal State Prison. Mayor Pro Tem Ovalle said that it was nice to see the simulator and he can see how it would benefit the Avenal Police Department. Melissa Whitten, City Manager commented on the following: 1) a reminder that next week is Pistachio Festival October 18-21, 2018; 2) she invited everyone to attend The Big Tell, a short story of Avenal as told by Betty Weaver, on October 19th, at the Tower Theater in Fresno, 7-9:30 PM. There will also be a special appearance by Emmy-nominated documentarian Sasha Rice; and 3) she thanked Chief Stivers for the simulator demonstration at Avenal State Prison; Mayor Preciado commented on the following: 1) he attended the Citizens Advisory Board in Fresno, as well as the JPA meeting; 2) Farmer’s Market & Day of the Family with the food distribution, was well attended and everyone should attend the next Farmer’s Market; 3) will be attending the JPA meeting; 4) Pistachio Festival; 5) he thanked the Public Works Department for all of water leak repairs done, even on weekends; and 6) National Plant Services, who is videotaping the sewer lines, is doing a good job. Ms. Whitten, received information from Mr. Farley’s office regarding the trademarking of the title, “Pistachio Capital of the World.” The application will be published on October 30, 2018 in the Official Gazette for Patents and Trademarks. We are one step closer to being known as the Pistachio Capital of the World with a tm. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:06 p.m. Respectfully Submitted, Maria Ortiz, City Clerk