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 5:17 p.m. Council Members Absent: Councilmember Woolley, Mayor Pro Tem Ovalle joined the meeting at 6:15 p.m. Staff Present: Whitten, Ortiz, Santillan, LaBlue, Davis, Stivers. Legal Counsel: Kenneth Jorgenson. PLEDGE OF ALLEGIANCE: Led by Mayor Preciado. ROLL CALL: Councilman Gravelle, Councilman Harvick, 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 5:18 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 Employee Bargaining Units 1-5 /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. Instructions to negotiator concerning: Terms C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code§ 54957(a)). It is the intent of this governing body to meet in closed-session to review its position and to instruct its designated representatives: Consultation with Avenal Police Department: Russell Stivers, Chief of Police. The City Council meeting reopened at 5:58 p.m. there was 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’s Approval of Minutes for September 27, 2018: A motion to approve the Consent Calendar was made by Councilman/Successor Agency Member Harvick, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Harvick, Gravelle, Preciado. NOES: None. Joint Meeting City Council/Successor Agency October 25, 2018 Page 2 of 8 ABSENT: Ovalle, Woolley. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. Consider Reappointing City Manager to Serve on Kings Community Action Organization Board of Directors: Melissa Whitten, City Manager, mentioned that Kings Community Action Organization (KCAO) is the Non-Profit "arm" for Kings County and provides valuable services to those in need within the County. It is a 15-member "Tri-partite" Board with five (5) members representing Target Areas (by Kings County Census Tract), five (5) members from Private Sector and five (5) members from Public Sector. Regular meetings are held every third Wednesday at 4:30 p.m. at KCAO Headquarters in Hanford. Board Members are also required to serve on at least two Sub-Committees each calendar year. At the KCAO meeting held on October 17, 2018, the Board approved an additional term for Avenal's Public Sector position (serving as Avenal City Manager) beginning January 1, 2019 subject to City Council's approval. After brief discussion, a motion was made by Councilman Harvick to approve reappointing Melissa Whitten, City Manager to serve on the KCAO Board, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Harvick, Preciado, Ovalle, Gravelle. NOES: None. ABSENT: Woolley. ABSTAIN: None. B. By Resolution, Consider Extending Trial Period for Modified City Council Meeting Schedule: Ms. Whitten, reported that as per Avenal Municipal Code, Chapter 1- CITY COUNCIL, Section 2-1.102 - Time, states as follows: "Regular meetings of the Council shall be held on the second and fourth Thursdays of each month at 6:00 p.m." Also, on May 10, 2018, Council approved Resolution No 2018 - 20 in support of modifying (on a temporary basis) the City Council meeting schedule with a meeting commencement time at 5:15 p.m. from May 2018 through November 2018. Staff will provide an Ordinance to consider amending the current Municipal Code. If not, the time will revert back as established by the current code. By Resolution, extend the trial period for utilization of the modified schedule from November 2018 through February 2019. RESOLUTION 2018-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL EXTENDING THE TRIAL (TEMPORARY) TIME PERIOD TO UTILIZE A MODIFIED TIME SCHEDULE FOR AVENAL CITY COUNCIL MEETINGS. A motion was made by Councilman Gravelle, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Harvick, Gravelle, Preciado. NOES: None. ABSENT: Ovalle, Woolley. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: None ACTIVITY REPORTS/SPECIAL PRESENTATIONS AND COMMITTEE REPORTS: A. Activity Reports: 1) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Joint Meeting City Council/Successor Agency October 25, 2018 Page 3 of 8 Fernando Santillan, Community/Economic Development Director, reported the following: 1) The Avenal Community Center project continues to move forward; 2) currently working with City Attorney to obtain additional easements for our 18" water transmission line replacement project; 3) The Kochergen Farms Composting Facility expansion project has been delayed; 4) The Fresno State Office of Community and Economic Development is planning a business resource workshop on November 6th Avenal Theater meeting rooms from 6:00 to 8:00 p.m.; 5) We are continuing to work with the State Water Resources Control Board to submit an application for funding for new water meters in town; 6) We are continuing to work with USDA to secure a grant in the amount of $40,000 for exercise equipment at the future Community Center; 7) Housing Program guidelines will be proposed by staff for Council's consideration in order to comply with new state requirements as well as to require new homeowners to go through a homeownership education course prior to being approved for a City loan; 8) Community Development staff participated in the selection process organized by Kings County Association of Governments (KCAG) for a Pavement Management Contractor that will analyze all City streets and roads and upload them into a web-based database that will help Public Works staff plan and prioritize road maintenance projects. The project is being paid for with KCAG planning/transportation funds; and, 9) the website continues to be updated and staff have been busy helping with various events such as the Farmers Market and other functions. 2) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police. Chief Stivers, reported the following: 1) Drunk driving juvenile crashes into power pole, causing power outage; 2) Drunk juvenile strikes her child in the face; 3) Domestic violence leads to combative suspect being arrested; 4) Gang fight leads to arrest; 5) K-9 Gunnar locates Methamphetamine; 6) Vehicle check yields marijuana, illegal fireworks; 7) Personnel change; 8) Police Activity League; 9) Explorer Post 1050; 10) CAD Calls received; and, 11) Monthly Statistical Report. B. Special Presentations/Requests: 1. Mid Valley Disposal Quarterly Report: Isaac Kulikoff, Regional Manager at Mid Valley Disposal. Ivette Rodriguez, Supervisor, reported the following: 1) Commercial site visits; 2) Community Outreach; 3) load checks; 4) Recycler of the Year “Reef Sunset Unified School District”; 5) Cal Recycle Meetings; 6) implement a food waste program throughout the city. PUBLIC HEARING(s): 1. Public Hearing to Adopt Changes to the City’s Guidelines for the Homebuyer & Housing Rehabilitation Programs.  Staff Report;  Public Hearing;  Consider Approve Resolution. Mr. Santillan, reported that the City of Avenal has established Program Guidelines which govern the administration of its Homebuyer and Housing Rehabilitation Programs. The City has received funding from the State Department of Housing and Community Development (HCD) Community Development Block Grant (CDBG) Program and HOME Investment Partnerships Program to implement these programs. CDBG Program regulations require that the City conduct a public hearing on all CDBG- related matters to provide for and encourage citizen participation, particularly by low and moderate income persons who reside in areas in which CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the proposed changes to the Guidelines. Comments may be received in writing or orally. He mentioned that the Public Hearing notices in both English and Spanish have been published in The Avenal Chimes and posted in the usual locations. The public notice provided citizens with information on where to submit written comments if they were unable to attend the public hearing. No written comments were received. Housing Rehabilitation Program Guidelines HCD Required Changes: Clarification for exception to 100% after-rehab value rule in the case when assistance is provided as a grant due to the lack of equity; (p.8) Clarification to the process of determining after-rehab value; (p. 17) Update of HCD web links; and, Other minor changes (e.g., updates to various program limits, income inclusions/exclusions). Joint Meeting City Council/Successor Agency October 25, 2018 Page 4 of 8 Recommended Additions: Requirement for applicants to participate in Homeowner Coaching and Basic Home Maintenance Education (also known as post-purchase counseling and education); (p.5) Requirement for heirs intending to assume the City loan to have probate completed within 12 months of the original homeowner's death, otherwise the loan would be due and payable; (p.21) and, Addition of a condition of default allowing the City to foreclose on the property at any time if illegal activities are discovered on site. (p.21) Homebuyer Program Guidelines HCD Required Changes: Clarification to the parameters for determining how the amount of assistance is calculated; (p.8, 27) Clarifying language emphasizing loan repayment; (p. 20) Update of HCD web links; and, Other minor changes (e.g., updates to various program limits, income inclusions/exclusions). Recommended Additions: Addition of requirement for heirs intending to assume the City loan to have probate completed within 12 months of the original homeowner's death, otherwise the loan would be due and payable; and (p. 21) Addition of a condition of default allowing the City to foreclose on the property at any time if illegal activities are discovered on site. (p.21) Mayor Preciado, opened Public Hearing to Adopt Changes to the City’s Guidelines for the Homebuyer & Housing Rehabilitation Programs at 6:39 p.m. And closed public hearing at 6:40 p.m. Staff recommends that Council approves the changes to the Guidelines for the Homebuyer and Housing Rehabilitation Programs. RESOLUTION 2018-49: A RESOLUTION OF THE COUNCIL OF THE CITY OF AVENAL APPROVING CHANGES TO THE CITY'S HOMEBUYER AND HOUSING REHABILITATION PROGRAM GUIDELINES. A motion was made by Councilman Gravelle, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Gravelle, Harvick, Ovalle, Preciado. NOES: None. ABSENT: Woolley. ABSTAIN: None. OLD BUSINESS: 1. Consider Status of Local Emergency: Ms. Whitten, reported that two (2) weeks ago, the City was faced with numerous water line failures on the 16"/18" water transmission line as well as a concern with the 12" line and its ability to meet water demands for the City and Avenal State Prison. There was also a concern with limited water capacity to meet water demands during repairs that were taking place at that time. As of this date, the water line failures and leaks have been mitigated and/or resolved which has restored water storage capacity within the City's water tank storage system. As we are all aware, conditions could change very quickly. Staff will provide updated information. She commended the Public Works Department for all that they do. Staff asking for direction on the action as follows: 1) Continue/Extend Local Emergency for 14 days and consider again at the November 8, 2018 City Council meeting; or 2) Suspend/Terminate Local Emergency by Resolution. After a brief, discussion the following action was taken: RESOLUTION 2018-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUSPENDING/TERMINIATING THE LOCAL EMERGENCY DECLARED ON OCTOBER 11, 2018 DUE TO NUMEROUS WATER TRANSMISSION LINE FAILURES AND RELIANCE ON LIMITED WATER STORAGE Joint Meeting City Council/Successor Agency October 25, 2018 Page 5 of 8 CAPACITY TO MEET PUBLIC HEALTH AND SAFETY NEEDS. A motion was made by Mayor Pro Tem Ovalle, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Ovalle, Harvick, Gravelle, Preciado. NOES: None. ABSENT: Woolley. ABSTAIN: None. NEW BUSINESS: A. Consideration to Approve the Purchase of New Glock Handguns: Arend La Blue, Assistant Chief of Police, reported the following: 1) the Glock .40 caliber semi-automatic pistols are approximately 8 years ago and need upgrades; 2) All 29 Glock handguns came with night sights, which have a maximum life expectancy of 10 years. Some of our night sights no longer glow as brightly as they did, making it difficult to see the sights on the handguns in low light. The conclusion of a review by the department was that due to the current condition of our departmental handguns, they need to be replaced to contemporary professional standards as soon as possible for safety, maintenance, training and liability reasons. He continues that taking into consideration the reduced value of the decommissioned handguns, the total amount of the officer's buyback program would be $7,325 ($7,175 plus $150 for decommissioned handguns). The replacement purchase is summarized as follows: Per Unit Total 23 Glock Gl 7, GEN-5 9mm Pistols $9,867.00 5 Glock G19, GEN-5 9mm Pistols $2,045.00 1 Glock G4S, GEN-5 9mm Pistol $409.00 20 Glock G17 magazines $459.80 Sales Tax $893.26 Cost $13,214.06 Offset cost from officer buyback $7,325.00 Total Cost $5,949.06 Staff respectfully requests the Council to authorize the purchase of 29 Glock handguns and 20 spare magazines from Pro Force Law Enforcement in the amount of $13,214.06. The amount of $13,214.06 will be expended from 10.12500, account number 655.17 (Supplemental Law Enforcement Services account - FY 16/17 fund) and have no impact to the General Fund. The $7,325.00 generated by the officer buyback program would be deposited in account 10.43156 (Avenal Police Department Miscellaneous Revenue Account). A motion was made by Councilman Harvick to authorize the purchase o f 29 Glock handguns and 20 spare magazines from Pro Force Law Enforcement in the amount of $13,214.06, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Harvick, Gravelle, Ovalle, Preciado. NOES: None. ABSENT: Woolley. ABSTAIN: None. B. Consider Purchase of New/Used Man-Lift: Scott Davis, Public Works Supervisor, stated that the engine on the man-lift has expired. Staff have inquired on the possibility of rebuilding or replacing the engine; however, the unknown of the internal condition of the engine makes rebuilding in the $10 to $12K, if it is rebuildable. Currently, we are having to rent a man-lift, when needed, at a cost of $1,300.00 per week along with taxes and delivery/pickup fees. Joint Meeting City Council/Successor Agency October 25, 2018 Page 6 of 8 Staff has received two (2) quotes for newer used man-lifts (2008) with duel fuel engines (gas/propane); and, one (1) quote for a (2012) diesel-powered man-lift. All three (3) will meet ARB requirements. Staff has reviewed and discussed these options and, at this time, would like to purchase the diesel-powered unit from Herc Rentals due to the low hours and age of the equipment (only 6 years old). Prices include tax and delivery. Herc Rental Inc. 2012 GENIE Z-45 w/1181 Hours $42,256.50 Action Equipment Rentals 2008 GENIE Z-45 w/3616 Hours $30,673.50 United Rental 2008 Hours $33,247.50 Staff is recommending the following: By motion, 1) authorize purchase of the 2012 GENIE Z-45 from Herc Rentals at a price not to exceed $42,256.50; 2) drawdown General Fund Reserves in the amount of $42,256.50 and transfer said funds into 10.18000.726 (machinery/equipment); and, 3) let the 2018/19 Fiscal Year Budget reflect the changes. After a brief, discussion the following action was taken: A motion was made by Councilman Gravelle to 1) authorize purchase of the 2012 GENIE Z-45 from Herc Rentals at a price not to exceed $42,256.50; 2) drawdown General Fund Reserves in the amount of $42,256.50 and transfer said funds into 10.18000.726 (machinery/equipment); and, 3) let the 2018/19 Fiscal Year Budget reflect the changes. The motion was seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Harvick, Preciado. NOES: None. ABSENT: Woolley. ABSTAIN: None. C. Consider Fiscal Year 2017/18 Year-End Budget Revisions: Ms. Whitten, as part of the auditing process, Staff must address and propose to the City Council fiscal budget year-end revisions which must be approved prior to June 30, 2018. Staff had reviewed the FY 17/18 budget prior to the end of the fiscal year and felt that the recommendations made at that time were sufficient to address the expenditures. However, when the accruals were made for the end of the fiscal year, there are some shortfalls that could not be addressed within the department funds for the General or Enterprise Fund expenditure accounts. The Theater was over budget $2,539.93. The General Services budget was over by $15,267.44 due to software licensing paid prior to year-end for the next fiscal year. The Recycling Fund was over budget $5,619.07 due to payroll accruals. Staff is requesting that the City Council authorize Staff to adjust the expenditures at fiscal year-end to reflect the actual expenditures within the budgeted funds. RESOLUTION 2018-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO AMEND THE CITY'S BUDGET FOR FY 2017-2018. A motion was made by Mayor Pro Tem Ovalle, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Ovalle, Harvick, Gravelle, Preciado. NOES: None. ABSENT: Woolley. ABSTAIN: None. D. Consider Entering into an Agreement with Gleim Crown Pump, Inc. to Pull the Motor & Pump and Video the Sports Complex Well: Mr. Davis reported that the Well Pump for the Sport Complex is no longer pumping water. Over the last few weeks, we have had to readjust the VFD to be able to continue watering the complex and provide construction water from the well. Staff has Joint Meeting City Council/Successor Agency October 25, 2018 Page 7 of 8 contacted well companies to evaluate the problem and have come to the conclusion that the pump is worn out and needs to be rebuilt or replaced. Staff received two (2) quotes for pulling the motor and pump and video the well to make sure there are no other problems. After the pump is removed, it will be evaluated and staff will obtain estimates for repair or replacement. Both companies do repair of deep well pumps; and, a third company, that has done pump repairs for the Utilities Department, is willing to give an estimate at that time. Staff will let Council know the cost of repair or replacement and reinstalling the pump. Gleim Crown Pump, Inc. $4,775.00 Zim Industries, Inc. $6,450.00 Staff is recommending the following: (2 actions) 1) By Resolution, authorize the City Manager to enter into an agreement with Gleim Crown Pump, Inc. to pull the well pump and video the well at a price not to exceed $4,775.00; 2) By motion, authorize the drawdown of General Fund Reserves in the amount of $4,775.00 and transfer said fund into Parks and Landscaping, 10.08100.655; and, let the FY Budget reflect the changes. After a brief, discussion the following action was taken: RESOLUTION 2018-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GLEIM CROWN PUMP, INC. TO PULL THE SPORTS COMPLEX WELL PUMP AND MOTOR AND VIDEO THE WELL FOR FURTHER EVALUATION. A motion was made by Councilman Gravelle, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Gravelle, Preciado, Ovalle, Harvick. NOES: None. ABSENT: Woolley. ABSTAIN: None. A motion was made by Councilman Gravelle to authorize the drawdown o f General Fund Reserves in the amount o f $4,775.00 and transfer said fund into Parks and Landscaping, 10.08100.655; and, let the FY Budget reflect the changes, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Gravelle, Ovalle, Harvick, Preciado. NOES: None. ABSENT: Woolley. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Gravelle commented on the following: 1) thanked, Scott Davis and Public Works Department for all their work and Fernando for the nests. Mayor Pro Tem Ovalle commented on the following: 1) Pistachio Festival, good events and its seems to be growing. It was nice to see the Fire Department there. Nice touch for the Miss Teen Avenal, the young ladies were excited. Also, thanked the Rotary Club, Mr. Casida, and everyone who helped and contributed; 2) Avenal State Prison replacing waterlines above ground and look like oil fields. Mayor Pro Tem Ovalle asked if it is better to have waterlines above ground exposed or to bury them? Mr. Davis there is pluses to both on a site like that. Above ground the maintenance is easier if they do have a problem. On the city’s lines, part of the problem was some sections were anchored into the ground. Also, one of their problem areas had a block of concrete hooked to it that was keeping the pipe from physically pulling out of the ground. With situation they have, he doesn’t know if it would be a benefit above ground, but then their cathodic protection has not been working. The City of Avenal pipeline was protected for burial it actually has double wrap. The first wrap has glue and it is extremely hard to get off and vinyl it was Joint Meeting City Council/Successor Agency October 25, 2018 Page 8 of 8 built to be put under ground. Staff doesn’t know if it is feasible to run lines above ground. If the City of Avenal does get the replacement done, the first 400 feet section is going to be concrete line in place of steel pipe because of the pressure. They do make PVC pipe now that will withstand 300 psi so from that point to the tank will be PVC. Melissa Whitten, City Manager commented on the following: 1) she thanked the Fire Department for being here and yes, it was nice to see Fire Department at Miss Teen Avenal Pageant; 2) she would like to thank everyone that was involved in the Pistachio Festival; 3) October 31st Kings Street Treat 4 - 8PM; 4) November 2nd Movie Night – Hotel Transylvania 3, Skyscraper and Ant Man and the Wasp; 5) November 5th Battle of the Badges – Family Dollar 4 - 8PM ; 6) November 6th Rotary Cruise Night 6:30 p.m. and, ; 7) City Hall will be closed on November 12th to observe Veterans Day. Mayor Preciado commented on the following: 1) JPA meeting Fresno; 2) he attended the Green Rider Grand Opening; 3) Last Farmers Market was well attended and no parking on the street due to Avenal football game; 4) attended Air Quality Control Board meeting; 5) he attended Grand Jury Luncheon; and 6) attended Pistachio Festival. Mayor Preciado, asked Fernando to tell us about the event he attended at the Middle School Career Day. Mr. Santillan stated that he and Antony attended the Middle School for Career Day yesterday. It is an event that the school has been doing for the last three years where they bring in people from the community such as Police Department, Fire Department and Jose Ramirez to speak to 6th, 7th & 8th graders about what they do in their daily job. It is a good event for the community and thanked Principal Guerrero. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:56 p.m. Respectfully Submitted, Maria Ortiz, City Clerk