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, NOVEMBER 8, 2018; 5:15 P.M. AVENAL THEATER; 233 EAST KINGS STREET, AVENAL, CA 93204 MINUTES Mayor Preciado called the meeting to order at 5:16 p.m. Council Members Absent: None. Staff Present: Whitten, Ortiz, Santillan, Stivers, Davis. 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. The City Council went into Closed Session at 5:17 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 6:00 p.m. there was no action to report. CONSENT CALENDAR: All items listed under the consent calendar are considered to be routine and enacted by one motion: (Action). A. Consider City of Avenal/Successor Agency's Approval of Minutes for October 25, 2018: B. City Warrants and Financial Statements for October: Joint Meeting City Council/Successor Agency November 8, 2018 Page 2 of 8 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, Ovalle, Woolley, Preciado. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. 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: Scott Davis, Public Works Supervisor; Scott Davis, Public Works Supervisor, 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, Theater & Event Center Coordinator; Louisa Starne, Theater & Event Center Coordinator, reported the following: 1) Movie Night October 5, 2018: Monsters Inc., A Quiet Place, Jurassic World Fallen Kingdom, Hocus Pocus, Hotel Transylvania 3, Sky Scraper & Ant Man and the Wasp; 2) Farmers Market; 3) Pistachio Festival; 4) October 25th - Hanford Marketplace; 5) October 26th - Avenal Youth Pirates Rental; 6) October 31st - Kings Treat Street; 7) November 2nd - Movie Night and Avenal Youth Pirates Rental; 8) November 6th - Small Business Workshop; and, 9) Upcoming: November 16th Movie Night - Time Changes, November 17th - Music Festival. 3) Community Development/PlanningActivity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director, reported the following: 1) The Avenal Community Center project continues to move forward; 2) Contractor selected for the Rice Park Restrooms Project; 3) Working with our City Attorney to obtain additional easements for our 18" water transmission line replacement project. Self-Help Enterprises will be providing technical assistance on the construction funding application; 4) Kochergen Farms Composting Facility expansion project has been delayed; 5) 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. to help small businesses obtain access to resources and information; 6) Working with the State Water Resources Control Board for funding new water meters in town. Summers Engineering is working on the engineering report for this project; 7) Continuing to work with USDA to secure a grant in the amount of $40,000 for exercise equipment at the future Community Center facility; 8) An update to our 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. A requirement concerning probate and loan assumptions upon death of the borrower are under consideration; 9) 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. 4) Avenal Police Department Activity Report: Arend LaBlue Assistant, Chief of Police. Joint Meeting City Council/Successor Agency November 8, 2018 Page 3 of 8 Arend LaBlue, Assistant Chief of Police, reported the following: 1) Daytime burglars arrested; 2) Gang fight leaves victim badly beaten: 2 Suspects in custody fight leaves victim; 3) Suspicious circumstances nets two arrests; 4) Replica handgun lands Sureno in jail; 5) Intoxicated male falls; passed away days later; 6) Personnel: Team of the Quarter Award for the 3rd Quarter went to Senior Officer Storm, Officer Smith and Officer Campbell, K-9 Donor Appreciation Luncheon was held, Officer Austin Rodrigues is in Phase III of the training program, Senior Officer Storm judged for the Miss Teen Avenal Contest, Officer Garcia participated in Career Day at RSMS, Senior Officer Avila coordinated Red Ribbon Week; 7) CAD Calls; 8) Monthly Statistical Report; and, 9) JSO report. B. Special Presentations/Requests: 1. Avenal Regional Landfill Activity Report: George Anderson, Site Manager; George Anderson, Site Manager, for the Avenal Regional Landfill, reported the following: 1) Tonnage per day: 2016 - 340 tons, 2017 - 600 tons, 2018 - 1,500 tons and recycled metal - 1.1 tons; 2) Projects: clean the front entrance road with Caltrans - closed Hwy 269 after a year and half of asking and will be done each quarter. He thanked, the City of Avenal’s Public Works Department for their help; 3) Odor Control Program – with certain waste i.e. carcasses, a 24-hour notice must be given and the Landfill uses a special area to dump with 15 minutes to cover with an odor control agent that masks it very well; 4) 70 percent soil & 30 percent municipal solid waste trash; 5) When the pyramid & road. When it’s done they will hydro seed the front of the landfill but cannot promise that it will stay it will stay green; and, 6) The landfill received a perfect safety award which means every person that came into the landfill came out with no injuries. Also, due to a death/injury, their company has issued a safety book for the landfills to keep everyone safe. Mayor Preciado asked how big of an area was cleaned. Mr. Anderson stated that it was about 100 yards from the bend to the entrance of Avenal and traffic was stopped at the curve with one way traffic communication with alternate traffic and switched lanes. OLD BUSINESS: 1. None. NEW BUSINESS: A. Consideration to Amend Glock Handgun Purchase: Arend La Blue, Assistant Chief of Police, reported that On October 25, 2018, the Avenal City Council approved the replacement purchase of our department issued handgun from Pro Force Law Enforcement. On October 26, 2018, a patrol duty holster was introduced for the G4S and during the week of October 29", 2018, it was determined that the G4S was a better option for the police department in light of the newly available holster. The handgun prices are exactly the same but since City Council approved the purchase of the model 17, we respectfully would like to amend the purchase to the G4S. Funds are available to purchase new holsters and new handgun mounted flashlights. Staff respectfully requests the Council to authorize the amendment purchase of purchase of Glock G4S handguns. A motion was made by Councilmember Woolley to authorize the amendment purchase of purchase of Glock G4S handguns, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Harvick, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None B. Consider Agreement with Harbison International, Inc. for Civil Engineering Services Related to the Avenal Community Center: Joint Meeting City Council/Successor Agency November 8, 2018 Page 4 of 8 Fernando Santillan, Community Development Director, stated that Staff and Mike Hamzy of Harbison International, engineer of the building, met with Brian Skaggs from Summers Engineering, who approached staff to indicate that he would prefer that Harbison take over the civil engineering responsibilities on the project due to the pace at which the project is moving and his existing commitments to other projects such as the Kettleman City Water Treatment Plant and our 18" Water Transmission Line Replacement Project. Mr. Skaggs also believes Harbison would be a more seamless choice since he is already engineering all other aspects of the project. Mr. Skaggs did indicate he would like to review the civil plans once they are completed. Staff recommends that the Council adopt the attached resolution authorizing the City Manager to enter into an agreement with Harbison International, Inc. for civil engineering services for the Avenal Community Center in an amount not to exceed $12,950.00, from General Fund - Community Development Department (1007000) - Professional Services (Account# 655). RESOLUTION 2018-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HARBISON INTERNATIONAL, INC. FOR CIVIL ENGINEERING SERVICES FOR THE AVENAL COMMUNITY CENTER. A motion was made by Councilmember Woolley, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Ovalle, Harvick, Gravelle, Preciado. NOES: None. ABSENT: None. ABSTAIN: None C. Consider Amendment to Agreement 1336 with Harbison International, Inc. for Community Center Design and Engineering Services: Mr. Santillan stated that At the August 9, 2018 City Council meeting, the Council voted to approve Agreement 1336 with Harbison International,Inc.for design andengineering services forthe Avenal Community Center based on a building size of 19,966 square feet. After the Air District reviewed application, they determined that the facility is not subject to the Indirect Source Rule even at the 25,300 sq. ft. size, which now allows us to move forwarded with the larger building without air impact mitigation costs. However, the increased size will require additional engineering work from Harbison International and their mechanical, plumbing, electrical, and structural engineering subcontractors Staff recommends that the Council approve the attached change order and approve a revised contract amount of $47,450.00 due to the expanded scope of work for the Community Center building, which has increased in size by over 5,000 sq. ft. Additional $10,000 from General Fund - Community Development Department (1007000) - Professional Services (Account# 655). RESOLUTION 2018-53: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING AND AMENDMENT TO AGREEMENT 1336 WITH HARBISON INTERNATIONAL INC. FOR DESIGN, DRAFTING, AND ENGINEERING SERVICES FOR THE AVENAL COMMUNITY CENTER. A motion was made by Councilman Gravelle, seconded by Mayor Preciado and carried. Roll Call Vote: AYES: Gravelle, Preciado, Woolley, Ovalle, Harvick. NOES: None. ABSENT: None. ABSTAIN: None D. Consider Approval of Application for Notice of Non-renewal of California Land Conservation Contract No. 282-692, APN038-270-042). .. Mr. Santillan stated that this is an application for Non-renewal of California Land Conservation (Williamson Act) Contract No. 282-692, a 19.75 acre site located at the north end of Third Street, Assessor's Parcel Number 038-270- Joint Meeting City Council/Successor Agency November 8, 2018 Page 5 of 8 042. The former property owners, Mouren Farming Co. Inc, initially entered into this Williamson Act contract with Kings County on December 29, 1969. The subject property was later incorporated to the City of Avenal in 1979. The current property owner is the Douglas Edwin Morris and Betty Sue Morris Revocable Living Trust. He continues that the California Land Conservation Act of 1965, commonly known as the Williamson Act, is a state program to discourage agricultural lands from being converted to urban uses, to preserve open space and to promote an efficient urban growth pattern. Under the Williamson Act, private landowners voluntarily restrict their land to agricultural and compatible open-space uses under an initial 10-year term contract. In return, restricted parcels are assessed for property tax purposes at a rate consistent with their actual use or generated income, rather than potential market value. Under Williamson Act, after the initial 10-year term, the contract auto-renews and extends for the period of one year consecutively. Mr. Morris has decided to terminate his Land Conservation Contract and has indicated plans to donate the parcel to Avenal Assembly of God, who in turn have plans to build a new church on the property. Staff noted that a Williamson Act contract cancellation is an option under limited circumstances and conditions set forth in Government Code (GC) § 5128. The landowners can either notice a Non-renewal or wait for the contract to expire, or, they may petition the corresponding board/council for a more immediate contract cancellation. The board/council may grant tentative cancellation only if it makes required statutory findings (GC § 51282(a)). One of the findings require, "That the· cancellation is for land on which a notice of nonrenewal, has been served pursuant to Section 51245."It is recommended that the City Council approve by resolution the application of Non-renewal for California Land Conservation Contract No. 282-692. RESOLUTION 2018-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING NOTICE OF NON-RENEWAL OF WILLIAMSON ACT CONTRACT 282-692. A motion was made by Councilman Gravelle, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Gravelle, Harvick, Preciado, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None PUBLIC HEARING(s): A. Public Hearing to Consider Application for Cancellation of Williamson Act Contract Number 282-692 for ANP 038-270-042. • Staff Rep01t; • Public Hearing; • Consider to Approve Resolution. Mr. Santillan stated that this is a petition for cancellation of California Land Conservation (Williamson Act) Contract No. 282-692, a 19.75 acre site located at the north end of Third Street, Assessor's Parcel Number 038- 270-042 (see Attachment-A). The former property owners, Mouren Farming Co. Inc, initially entered into this Williamson Act contract with Kings County on December 29, 1969. The subject property was later incorporated to the City of Avenal in 1979. The current property owner is the Douglas Edwin Morris and Betty SueMorris Revocable Living Trust. The land owner Mr. Morris, in conjunction with Reverend Douglas R Spencer of Avenal Assembly of God, have entered into an agreement for the Morris Family Trust to donate the parcel to Avenal Assembly of God. The Avenal Assembly of God plans to build a new church on the site and have indicated their intention to donate a portion of the parcel, or +- 10 acres, to the City for purposes of a City Park, as a quarter of the parcel is already designated Park (0) since the 2005 Avenal General Plan (seeAttachment-B). Joint Meeting City Council/Successor Agency November 8, 2018 Page 6 of 8 Before tentatively approving the cancellation of the subject Williamson Act Contract, the City Council is required to make either one of the following findings: 1. That the cancellation is consistent with the purpose of the California Land Conservation Act (per section 51282(a) of the Government Code); or, 2. That the cancellation is in the public interest (per Section (b) of the Government Code). The landowners have provided information to support the finding that the cancellation of the contract is consistent with the purpose of the California Land Conservation Act, which is Finding No. 1, above. In order for the City Council to make this finding prior to granting tentative contract cancellation, it must make several sub-findings as listed below, followed by staff comments: a) That the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245. Development Department on October 19, 2018, and considered at the November 8, 2018, Avenal City Council meeting. b) That cancellation is not likely to result in the removal of adjacent lands from agricultural use. The notice to consider the cancelation of the Morris Property was published in the Avenal Chimes on October 18th 2018 and letters were sent the following, day to all Land Conservation parcels within a one-mile radius of the Morris Property. No comments or concerns were received regarding adjacent lands considering similar cancelations. Staff is not aware of any other properties who are planning to cancel their Land Conservation contracts. c) That cancellation is for an alternative use which is consistent with the applicable provisions of the city or county general plan. Because of the size of the parcel, the property is subject to three zoning designations. The south half of the parcel is split between Park (0) and Single-Family Residential (R1). The remaining half is zoned Residential Estate (RE). The proposed use of a church on the R1 portion is a conditional use, and as stated before, the Avenal Assembly of God would consider donating the corresponding portion of the parcel for development ofa park. · d) That cancellation will not result in discontinuous patterns of urban development. Primary uses surrounding the Morris Property are both Single-Family Residential and Residential Estate, with a Public Facility (PF), the Avenal PD, to the south-east, and a Community Commercial (CC) portion of a neighboring parcel to the west. The planned creation of a church facility and hopes of a public park are consistent with the General Plan and current growth patterns in the City of Avenal. e) That there is no proximate no contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontract land, There are no suitable non-contracted vacant lands available for purchase within one mile of the subject property that would satisfy the Avenal Assembly of God's intended development plans. Joint Meeting City Council/Successor Agency November 8, 2018 Page 7 of 8 Development of the contracted land will provide a more contiguous pattern of urban development than development of any proximate non-contracted land. Neighboring non-contracted land will primarily become single family homes. Providing a potential church and park in the vicinity of residential homes will add to the attractiveness and vibrancy of the area. Hence the development of the contracted land is necessary to ensure contiguous urban development, as contemplated in the 2035 General Plan. f) That the applicant provides a description of the proposed alternative use for the subject property. The applicant is proposing to donate the subject proposing to donate the subject property to Avenal Assembly of God, and in turn, Avenal Assembly of God plans to develop a church on the site and has expressed a willingness to donate the designated portion, or +- 1O acres, to the City for purposes of a park (see Attachment- B). g) That the applicant describes the current uses of the property and demonstrates that no reasonable alternative agricultural use or uses would render such property economically viable. The current use within the subject site is grazing land, which occurs sporadically due to longer and more consistent droughts. h) That the applicant provides a list of government agencies known to have permit authority related to the proposed use. Governmental agencies having permit authority related to the proposed use are the City of Avenal. Staff recommends that the City Council adopt a resolution granting tentative approval of the cancellation of California Land Conservation Contract No. 282-692. Councilmember Woolley commented that it seems all churches are growing and caution is no more parks until we can hire people to take care of them. Also, looking at the map are they proposing a school. Doug Spencer, Assembly of Riverdale Pastor stated “yes”. Mayor Preciado opened Public Hearing at 7:28 p.m. Public Hearing closed due to no public comments at 7:28 p.m. After a brief, discussion the following action was taken. RESOLUTION 2018-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL GRANTING TENTATIVE CANCELLATION OF WILLIAMSON ACT CONTRACT282-692. A motion was made by Councilman Harvick, seconded by Councilman Gravelle and carried. Roll Call Vote: AYES: Harvick, Gravelle, Preciado, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None B. Public Hearing to Consider Amending Avenal Theater & Event Center Fees and Charges. • Staff Report; • Public Hearing; Joint Meeting City Council/Successor Agency November 8, 2018 Page 8 of 8 • Consider to Approve Resolution. Mrs. Starnes, stated that in order to promote use of the facility and provide more rental options, Staff is requesting the City Council's consideration to support an amended Avenal Theater and Event Center Pricing Sheet as per Attachment "A. The following is a list of proposed changes: 1. Deposit fee consistent for all rooms. 2. Non-profit organizations and local schools rental fee priced at $15.00 per hour. Adding a room to an existing rental contract would be an additional $20.00 to hourly rate. 3. Schools and Non-profit organizations will stay at $15.00 per hour. 4. Overall reduction in fees for each room. Mayor Preciado opened Public Hearing at 7:38 p.m. and closed Pubic Hearing at 7:38 p.m. no public comments were offered. After a brief, discussion the following action was taken. RESOLUTION 2018-57: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING RENTAL FEES & CHARGES TO THE AVENAL THEATER & EVENT CENTER. A motion was made by Councilman Gravelle, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Gravelle, Harvick, Preciado, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Melissa Whitten, City Manager commented on the following: 1) she reminded Holiday Magic December 1st . Mayor Preciado commented on the following: 1) JPA meeting Fresno; 2) Radio Station in Avenal regarding AB316 vehicles 1999 or older with 2-yrs registration to get up $10,000 cash for a new car; 3) there were complaints regarding elections: people not listed, front porch light out very dark inspecting elections was Ruth Sanchez and husband. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:41 p.m. Respectfully Submitted, Maria Ortiz, City Clerk