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, DECEMBER 13, 2018; 5:15 P.M. AVENAL THEATER; 233 E. 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, Stivers, Lopez. Legal Counsel: Ken Jorgensen. PLEDGE OF ALLEGIANCE: Led by Mayor Preciado. ROLL CALL: Councilman Harvick, Councilmember Woolley, Mayor Pro Tem Ovalle, Mayor Preciado. ABSENT: Councilman Gravelle 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 cale11dar are considered to be routine and enacted by one motion: (Action) A. Consider City of Avenal/Successor Agency’s Approval of Minutes for November 8, 2018: B. City Warrants and Financial Statements for November: A motion to approve the Consent Calendar was made by Councilmember/Successor Agency Member Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Ovalle, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. CITY COUNCIL RE-ORGANIZATION: A. Presentation of “Years Of Service” Recognition – Lou Gravelle, Councilman: Mayor Preciado presented Councilman Lou Gravelle plaque for Years of Service” award. Councilman Gravelle was not present but it will be given to him. Melissa Whitten, City Manager, stated it will be given to Mr. Gravelle tomorrow with an engraved clock for Distinguished Service 2010 - 2018 and a Medal. Ms. Whitten, personally thanked Mr. Gravelle for his service to the City Council and wished him the best in all his endeavors. B. Consider Resolution Accepting November 6, 2018 Election Results: Melissa Whitten, City Manager, stated that Staff was not able to have the election numbers clarified until yesterday by the County Elections Office. The resolution in your packet was not complete, so Staff is presenting a completed resolution to the City Council. Staff recommends approval of the Certification for the election held on November 6, 2018 as presented. She stated that the total number of ballots cast at the election was 1,207. The total number of ballots cast at the City's one (1) Joint Meeting City Council/Successor Agency December 13, 2018 Page 2 of 7 precinct established at said election was 420. (Pending results from the Kings County) The total number of absentee/mail-in ballots cast in the City was 534. (Pending results from the Kings County). Staff recommends the City Council approve said resolution. RESOLUTION 2018-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF AVENAL ON THE 6TH DAY OF NOVEMBER 2016 DECLARING THE RESULTS THEREOF. A motion was made by Councilman Harvick, seconded by Mayor Pro Tem Ovalle and carried. Roll Call Vote: AYES: Woolley, Harvick, Ovalle, Preciado. NOES: None. ABSENT: Gravelle. ABSTAIN: None. C. Administer Oath of Office to Newly Elected & Re-Elected City Council Members: Ms. Ortiz administered the Oath of Office to Newly Elected Councilmembers and seated Pablo Hernandez and Alvaro Preciado. Pablo Hernandez thanked everyone who voted for him and asked all residents to keep coming out and voting. Alvaro Preciado also thanked everyone that voted and stated that it’s our civic duty to vote and votes matter. Also asked residents to become more involved in the community and events. D. CITY CLERK Open Nominations for MAYOR: Ms. Ortiz opened nominations for Mayor: Councilman Alvaro Preciado, nominated himself for Mayor. Councilman Harvick, nominated Councilman Dagoberto Ovalle for Mayor. She asked for any other nominations, hearing none, a motion was made to close nominations by Councilmember Woolley, seconded by Councilman Ovalle and carried. It was announced that the newly elected Mayor is Dagoberto Ovalle. E. MAYOR Open Nominations for MAYOR PRO TEM: Mayor Ovalle opened nominations for Mayor Pro Tem: Councilman Harvick nominated Councilmember Woolley for Mayor Pro Tem and Councilman Preciado nominated himself for Mayor Pro Tem. He asked for any other nominations, hearing none, a motion was made to close nominations by Councilman Harvick, seconded by Councilman Preciado and carried. It was announce that the newly elected Mayor Pro Tem is Glenda Woolley. Mayor Pro Tem Woolley stated that Mr. Gravelle held many positions and asked if we need to fill those positions? Ms. Whitten stated that those appointments will be on the January meeting agenda. Mayor Ovalle, announced a 5-minute recess for Mr. Hernandez & Mr. Preciado to be congratulated for being elected. The City Council went into Closed Session at 5:43 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: 2. Joint Meeting City Council/Successor Agency December 13, 2018 Page 3 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 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 The City Council meeting reopened at 6:38 p.m. with action to report as follows: RESOLUTION 2018-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO AN AGREEMENT WITH NLINE ENERGY, INC. FOR EVALUATION AND ANALYSIS OF THE TANK 4 IN-CONDUIT HYDROPOWER PROJECT. A motion made by Mayor Pro Tem Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Gravelle, Ovalle, Harvick. NOES: Preciado. ABSENT: None. ABSTAIN: None. Councilman Harvick asked for clarification whether the City of Avenal has any interaction with the Avenal School Board/Reef Unified School District. Ms. Whitten stated that the Reef Unified School District is its own entity and they have their own board. The City of Avenal is its own agency and has been incorporated since 1979. The City of Avenal does not have any authority over the Reef Sunset Unified School District as it was established long before the Avenal became a City. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Richard Valle, County Board of Supervisors, District 2, reported the following: 1) thanked and congratulated Pablo Hernandez and Alvaro Preciado on their elections. He hopes to see Mayor Ovalle and Mayor Pro Tem Woolley involved in our communities; 2) he has served as Supervisor for District 2 for ten years and in January was voted Chairman of the Board of Supervisors. It has been a pleasure, although a lot of work and he wanted thanked everyone; 3) Also, Kettleman City is changing with curb and gutter and come February add taps to residents and thanked everyone that has helped with the projects; and, 4) In conclusion with Assemblyman Rudy Salas and Jose Ramirez every year they team up for operation Gobble this year donated 1,000 turkeys to his district and expanded to Stratford. The City of Avenal is the one city that has everything ready for operation gobble and it’s appreciated. There were some funds left over and understands the City of Avenal has adopt a family he, Jose Ramirez and Assemblyman Salas would like to donate $500.00-gift certificates from Cost-U-Less in Corcoran California. Also, noted that Councilman Hernandez spends time with Avenal Seniors, because their dear to his heart and would like to donate $200-gift certificates to make something nice for them. Mayor Ovalle, stated that we have been working with Supervisor Valle for eleven years since he came over to request help to get him into office. Supervisor Valle made a promise to help the City of Avenal and he has kept his word, for that, he is very grateful. Also, Mayor Ovalle is glad to hear Kettleman City is getting curbs and gutters. Ms. Whitten thanked Supervisor Valle. She stated that the Adopt A Family Program is funded by City employees through their payroll donations to the Incentive Fund. This is the first time anyone outside of the City has donated and thank you for your generosity. It will mean a lot to our City’s families and their children, so they won’t go without during the holidays. Alicia Ramirez, Representative from Rudy Salas’ office, stated that she would like to congratulate Alvaro Preciado and Pablo Hernandez as newly elected Councilmembers. Also, Assemblyman’s Salas’ office is here to help whenever needed. She Joint Meeting City Council/Successor Agency December 13, 2018 Page 4 of 7 enjoys working with everyone. She has helped with back packs, Coats for Kids, Operation Gobble and working with Councilman Preciado, Jose Ramirez and Supervisor Valle to provide toys for children. Also, she thanked Chief Stivers and his department for their support. It takes a big team to make things happen and she appreciates the whole community. Ms. Whitten announced that Assemblyman Rudy Salas was instrumental in the funding for EOC Center at the Police Department. Ms. Whitten thanked him for his help and congratulated him on his reelection. Councilman Preciado, stated that as the past Mayor, he has had a very good working relationship with Assemblyman Salas and Supervisor Richard Valle to lobby together. Now, as a councilmember, he will continue working with the Assemblyman and Supervisor’s offices. He thanked them for their help and support. 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) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Antony Lopez, Associate Planner, reported the following: 1) the City of Avenal was awarded a $50,000 Wonderful Community Grant to build a new Fitness Court next to the Boxing Club; 2) Self-Help Enterprises is assisting with the Water Transmission Line Project; 3) Kochergen Farms Composting Facility expansion project; 4) Community Development has partnered with various organizations to provide valuable job training and business training opportunities to residents. The Kings County Job Training Office will be offering free resume-building workshops at the Tech Center on January 16th at 2:00 pm. There will also be free business workshops December 12 - 14 from 6:30 to 8 pm at the Tech Center. Topics will be: Starting a Business in Avenal 101, Online Retail 101, and Marketing 101. Flyers have been published in the Chimes and mailed out to all residents; 5) submission of an application for funding for new water meters through the State Water Resources Control Board; 6) Working with the USDA to secure a grant in the amount of $40,000 for exercise equipment at the future Community Center Facility; 7) A new barber shop has opened downtown in the Grigsby's building in Suite B; 8) The Avenal Community Center site plan is close to being finalized. Working with PG&E as part of their Savings by Design Program to design the most energy efficient building possible as well as to qualify for energy rebates and incentives; 9) The Planning Commission will be considering two new Conditional Use Permit applications at their January meeting, including the potential expansion of La Piedad Restaurant as well as the Avenal Hotel due to a change in ownership; 10) Reviewing site plans and helping potential entrepreneurs/business owners find places to locate their business in town; and, 11) Tony will be assisting with the PATY’Studio Dance Rehearsal before for the Spirit of Christmas Dance Recital on Sunday, December 9th- 3) Avenal Police Department Activity Report: Russell Stivers, Chief of Police. Russell Stivers, Chief of Police, reported the following: 1) Drug dealer off the streets; 2) Social media helps in locating theft suspect; 3) Attempted murder suspect arrested; 4) Shots fired; juvenile suspect arrested; 5) Avenal Police Department Celebrates their 8 Year Anniversary; 6) Personnel; 7) Police Activities League; 8) CAD calls received; and, 9) Monthly Statistical Report. B. Special Presentations/Requests: a. None. PUBLIC HEARING(s): Joint Meeting City Council/Successor Agency December 13, 2018 Page 5 of 7 A. Consider Annual Review of Development Impact Fees, Capital Improvement Plan and Financial Update - FY 2018/19  Staff Report  Public Hearing;  Consider Approve Resolution. Ms. Whitten reported that as per City Ordinance No. 2006-002, a public hearing must be held to review the City of Avenal’s Development Impact Fees in the various categories established: CIP, as established in 2006, the facilities constructed, and the facilities to be constructed. The annual report provides the beginning and ending balances of each program, the amount collected, interest earned, transfer/disbursement information and any other relevant findings for each category. Staff has made the information available as it pertains to fees, plans, transfers, or loans, etc. to the public not less than fifteen (15) days prior to the review by the City Council. Such information was noticed and made available to the public on November 19th & 26th 2018, at the City Hall & in the Avenal Chimes. Staff has not received any comments on the FY17/l8 Development Impact Fees and the Development Impact Fees/5-Year Capital Improvement Plan. She stated, the City Council shall review the report and development impact fees to determine whether the fee amount continues to be reasonably related to the impact of development and whether described public facilities (including vehicles & equipment) are still needed. Changes can be considered during this time. Staff recommends, by Resolution, the City Council consider making the following findings: 1. The Development Impact Fees continues to be reasonably related to the impact of development; and 2. The described public facilities are still needed. Mayor Ovalle opened the Public Hearing to Consider Annual Review of Development Impact Fees, Capital Improvement Plan and Financial Update for FY2017/18 at 7:05 p.m. With no public comment, the hearing was closed at 7:05 p.m. After a brief, discussion the following action was taken: RESOLUTION 2018-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING, ACCEPTING AND APPROVING THE ANNUAL REVIEW, AS REQUIRED, PERTAINING TO DEVELOPMENT IMPACT FEES, CAPITAL IMPROVEMENT PLAN AND FEE BALANCES, AND FURTHER, MAKING THE FINDINGS THAT THE FEE AMOUNTS CONTINUE TO BE REASONABLY RELATED TO THE IMPACT OF DEVELOPMENT AND THE PRESCRIBED PUBLIC FACILITIES ARE STILL NEEDED. A motion made by Councilman Harvick, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: 1. None. NEW BUSINESS: A. Consider Approval of Interim Renewal Contract with USBR: Ms. Whitten stated that after ten (10) years of negotiating a new/updated water services contract with the Bureau, the City entered into an "Interim Renewal Contract" with the United State Bureau of Reclamation for project water services effective January 1, 2009 through February 28, 2011 (IRI) and successive renewals since that time. Joint Meeting City Council/Successor Agency December 13, 2018 Page 6 of 7 As information, until a final contract is fully negotiated, and all related environmental documents are in place, the City and USBR will be considering interim contracts in order to continue uninterrupted water services to the City of Avenal. The current interim contact expires February 28, 2019; therefore, an extension or sixth Interim Renewal Water Contract needs to be in place prior to that date due to the time needed to process signatures and documents at the Bureau level. She continued that the Bureau has drafted a three (3) page contract which includes the "Renewal and Revision of Contract No, l4-O6-2OO-46 I 9A-(1Rl)". By approving the document, the interim contract would be extended through February 28, 2021. As noted, the document requires the Mayor's signature. Staff recommends approval of said resolution. Staff recommends that by Resolution, enter into the revised "Interim Renewal Contract" with USBR. RESOLUTION 2018-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO A REVISED INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES (BUREAU OF RECLAMATION) AND CITY OF AVENAL PROVIDING FOR PROJECT WATER SERVICE. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Quotes to Purchase Pump, Column Pipe Tube & Shaft, Clean Well Pipe & Install Pump for the Sports Complex Well: Mr. Davis reported that the well pump at the Sport Complex was pulled by Gleim Crown Pump, Inc. and evaluated. It has been determined that the pump is not repairable and needs to be replaced. The column pipe, oil tube and shaft have also been evaluated and should be replaced. The column pipe and sleeve are badly corroded, and the shaft is worn. Staff has received two (2) quotes for replacing pump, column pipe, oil tube and shaft including cleaning the well casing and installation of pump. Gleim Crown Pump, Inc. $57,817.54 Zim Industries, Inc. $62,622.81 Staff recommends the following: 1) by Resolution, authorize the City Manager to enter into an agreement with Gleim Crown Pump, Inc. to purchase the pump and related equipment, brush clean the well and install column tube, shaft and pump at a cost not to exceed $57,817.54; and, 2) By motion, authorize the drawdown of General Fund Reserves in the amount of $57,817.54 and transfer said funds into Parks and Landscaping, 10.08100.655; and let the FY Budget reflect the changes. After a brief, discussion the following action was taken: A motion was made by Mayor Pro Tem Woolley to authorize the drawdown of General Fund Reserves in the amount of $57,817.54 and transfer said funds into Parks and Landscaping, 10.08100.655; and let the FY Budget reflect the changes, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. RESOLUTION 2018-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GLIEM CROWN PUMP, INC. TO PURCHASE PUMP, COLUMN PIPE, OIL TUBE & SHAFT, CLEAN WELL PIPE AND INSTALL PUMP Joint Meeting City Council/Successor Agency December 13, 2018 Page 7 of 7 AT SPORTS COMPLEX WELL. A motion was made by Councilman Preciado, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Preciado, Harvick, Hernandez, Ovalle, Woolley, NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mayor Pro Tem Woolley commented on the following: 1) KCAG/KCAPTA/LAFCO and, 2) The roundabout at Hanford- Armona Road and 13th Avenue is finished but the Ribbon Cutting was canceled due to weather. Councilman Harvick thanked Alvaro Preciado for all his time and work spent with the community and County advocating for Avenal. He appreciates it. Councilman Preciado commented on the following: 1) he would like a meeting with Ms. Whitten & Assemblyman Salas to discuss needs and how he can help Avenal. 2) he asked about THM’s and would let Assemblyman Salas know that the city is in compliance; 3) He will be discussing a grant opportunity with Mr. Santillan and Ms. Whitten; and, 4) he has noticed a lot of water coming down Merced & 3rd Avenue past Kings St. Mr. Davis answered that it was his understanding, when Avenal High School built their football field, they used to recycle the water to a cement pond and use it to irrigate trees in the farming area. After the football field was redesigned, they now pump the collection basin out to the street and it goes in both directions, right through their parking lot to 7th Avenue and Kings St. It also splits at Monterey over to 5th Avenue and all the way down to Skyline Blvd. Councilman Preciado feels this needs to be addressed and the water recycled. Staff will look into it. Mayor Ovalle commented on the following: 1) he thanked Supervisor Valle and Alicia Ramirez, Representative for Rudy Salas, for all their help given to the city; and, 2) he is glad that Kettleman City is getting curbs & gutters and a new water filtration system. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:29 p.m. Respectfully Submitted, Maria Ortiz, City Clerk