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, MARCH 28, 2019; 5:15 P.M. AVENAL THEATER; 233 E. KINGS STREET, AVENAL, CA 93204 MINUTES Mayor Ovalle called the meeting to order at 5:15 p.m. Council Members Absent: Preciado. Staff Present: Whitten, Perkins, Davis, Stivers, Lopez, Starne, Lara. Legal Counsel: Ken Jorgensen. PLEDGE OF ALLEGIANCE: Led by Mayor Ovalle. ROLL CALL: Councilman Harvick, Councilman Hernandez, Mayor Pro Tem Woolley, Mayor Ovalle. CITY CLERK: Government Code Section 54952.3: The members of the City Council and Successor Agency 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 the Successor Agency. The 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 REAL PROPERTY NEGOTIATOR(S) (Government Code§54956.8). It is the intent of this governing body to meeting 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 B . THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code§ 54957((a)). It is the intent of this governing body to meet in closed-session of review its position and to instruct its designated representatives: Consultation with Avenal Police Department: Russell Stivers, Chief of Police. Closed Session commended at 5:41 p.m. with no action to report. CONSENT CALENDAR: All items listed under the consent calendar are routine and enacted by one motion: (Action) A. Consider City of Avenal/Successor Agency’s Approval of Minutes for March 14, 2019; B. Consider Ratifying Letter of Support AB17 (Assemblyman Salas): A motion to approve, consent calendar was made by Mayor Pro Tem/Successor Agency Member Woolley, seconded by Councilman/Successor Agency Harvick and carried. Joint Meeting City Council/Successor Agency March 28, 2019 Page 2 of 7 Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: None. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1. Community/Recreation Department Activity Report: Anna Lara, Senior Recreation Leader; Report moved to end of Activity Reports. 2. Community Development/Planning Activity Report: Antony Lopez, Associate Planner; Antony Lopez, Associate Planner, reported the following: 1) Pre-engineered building; 2) Grant to be used for Farmer’s Market and Fitness Court; 3) Fitness Court update; 4) Rice Park restrooms; 5) potential grants; 6) ReLeaf grant work; 7) Arroyo Del Camino II progress; 8) Job Fair May 16th 9:00 a.m. – 1:00 p.m.; and 9) easements for 18” Water Transmission Line Project. 3. Avenal Police Department Activity Report: Rusty Stivers, Chief of Police; Rusty Stivers, Chief of Police, reported the following: 1) Warrant suspect arrested; 2) Missing person investigation; 3) Wrong way driver arrested for DUI; 4) Methamphetamine arrest; and 5) house shot during gang disturbance. 4. Community/Recreation Department Activity Report: Anna Lara, Senior Recreation Leader; Anna Lara, Senior Recreation Leader, reported the following: 1) Karate; 2) Zumba; 3) Community Art Night; 4) upcoming events: Music Fest – March 30th; Week of the Young Child – April 6th; Easter Celebration – April 13th; Old Timers Day – May 4th; 5) Activities with various committees and coalitions. Special Presentations/Requests: A. None. PUBLIC HEARING(s): A. Consider Amending Title 2, Chapter 1, Article 1, Section 2-1.101 and Section 2-1.102 of the Avenal Municipal Codes Pertaining to Place and Time for Regular City Council Meetings.  Staff Report  Public Hearing  Discussion Action (By Resolution) Melissa Whitten, City Manager, reported the City Council adopted Resolution No. 2018 – 20 to amend the regular City Council meeting commencement time from 6:00 p.m. to 5:15 p.m. on a trial basis. It has been indicated by Council an interest to permanently change the commencement time. It was noted that during review of the code section that the meeting place be amended to the “Avenal Theater and Event Center.” Joint Meeting City Council/Successor Agency March 28, 2019 Page 3 of 7 Staff recommends by motion, introduce and waive the first reading of the proposed ordinance number change 2-1.101 and 2- 1.102 which would amend the Avenal Municipal Code to change the City Council meeting commencement time to 5:15 p.m. and the meeting place to the “Avenal Theater and Event Center.” Also recommended, the required waiting period be waived. Mayor Ovalle opened the Public Hearing at 6:06 p.m. There was no public comment. With no public comment, Mayor Ovalle closed the Public Hearing at 6:06 p.m. After a brief discussion, the following action was taken. A motion was made by Mayor Pro Tem Woolley to introduce and waive the first reading of the proposed ordinance number change 1-1.101 and 1-1.102 which would amend the Avenal Municipal Code to change the City Council meeting commencement time to 5:15 p.m. and the meeting place to the “Avenal Theater and Event Center.”. Also recommended, the required waiting period be waived. The motion was seconded by Councilmember Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. B. Consider Establishing & Implementing DUI Cost Recovery Fees.  Staff Report  Public Hearing  Approval of Resolution: (Discussion/Action). Chief Stivers reported that over the last two years there has been an increase in DUI arrests and collisions. The California Government Code Section 53150 allows law enforcement agencies to recover fees for their response to an incident in which a drunk driver has caused a collision. He presented a few statistics about drunk driving crashes. With the Finance Department’s assistance, it was determined the average salary for a full-time police officer to be $51.00 per hour. The police department also researched the average time needed to conduct a DUI accident investigation which would require an emergency response:  DUI Accident Investigation Only (8 hours) $408.00  DUI Accident with Injury (12 hours) $510.00  DUI Accident with Fatality (16 hours) $816.00 Staff recommends by resolution, approval of recovery of fees associated with DUI collisions, as attached to the resolution as Attachment “A”. Mayor Ovalle opened the Public Hearing at 6:11 p.m. There was no public comment. With no public comment, Mayor Ovalle closed the Public Hearing at 6:11 p.m. After a brief discussion, the following action was taken. RESOLUTION 2019-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FEES AND RELATED CHARGES FOR POLICE RESPONSE TO DRIVING UNDER THE INFLUENCE (DUI) TRAFFIC COLLISIONS. A motion was made by Councilmember Harvick, seconded by Mayor Pro Tem Woolley and carried. Roll Call Vote: Joint Meeting City Council/Successor Agency March 28, 2019 Page 4 of 7 AYES: Harvick, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Quote for Purchase of Electrical Cable for Sports Complex Well: Scott Davis, Public Works Supervisor, reported that after the VFD was installed for the well at the Sports Complex, the electrical wires were tested and found to have a direct short. Staff obtained four quotes for 3,030 feet of THHN 4/0 stranded wire cable and 505 feet of THHN 1AWG stranded wire cable. The old wiring will be stripped and recycled to offset the cost of the new wire. Quotes are as follows: 1. CED - Visalia $10,081.82 2. Anixter Inc. $10,087.54 3. Medallion Supply Hanford $12,360.95 4. Avenal Lumber & Hardware $12,974.77 Staff recommends by resolution, 1) authorize purchase of the electrical cable from CED – Visalia at a cost not to exceed $10,081.82. This price includes the use of “A” frames to unspool the cable as it is installed; 2) authorize the drawdown of General Fund Reserves in the amount of $10,081.82 and transfer said funds into Parks and Landscaping, 10.08100.625; and, 3) let the FY 2018/19 budget reflect the changes. A motion was made by Mayor Pro Tem Woolley to approve 1) the purchase of the electrical cable from CED – Visalia at a cost not to exceed $10,081.82; 2) the drawdown of General Fund Reserves in the amount of $10,081.82 and transfer said funds into Parks and Landscaping, 10.08100.625; and, 3) let the FY 2018/19 budget reflect the changes. Seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. B. Consider Approval to Submit Tire Amnesty Cal Recycle Grant: Mr. Lopez reported a grant application to the California Department of Resources, Recycling and Recovery (CalRecycle) for the Tire Amnesty Program. The grant will provide for up to $5.00 per tire for the collection and recycling of tires. If successful, the grant would allow the City to hold four collection events: October 2019, April and October 2020, and April 2021. Staff recommends by Resolution, authorize the City Manager to finalize an application for the Tire Amnesty Grant program and sign all documents related to the grant. After a brief discussion, the following action was taken: RESOLUTION 2019-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING SUBMITTAL AND SIGNING OF AN APPLICATION FOR PAYMENT PROGRAMS AND Joint Meeting City Council/Successor Agency March 28, 2019 Page 5 of 7 RELATED AUTHORIZATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY IS ELIGIBLE. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. C. Consider Agreement with Spectrum Land Services for Right-of-Way Acquisitions for 18” Transmission Line: Mr. Lopez reported that to move forward with the 18” Water Transmission Line Replacement project, Staff has requested a proposal from Spectrum Land Services to assist with acquiring easements from property owners along the alignment of the proposed pipeline. Spectrum’s proposed fee is $56,700 for verifying land titles, certified appraisals of 8 parcels, conducting negotiations on behalf of the City, preparing offer letters and presenting offers in person when possible, as well as other tasks. Staff would like to include a 10% contingency amount in the event of unforeseen required tasks for a total amount, not to exceed $62,370.00. It is possible that 4 of the appraisals could be combined into a single master appraisal, which would reduce the cost of that portion of the agreement from $17,600 to $4,400. Staff recommends as follows: 1) by Resolution, authorize City Manager to enter into an agreement with Spectrum Land Services for an amount not to exceed $62,370.00 ($56,700.00 + $5,670.00 in contingencies). After a brief discussion, the following action was taken: RESOLUTION 2019-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING AN AGREEMENT WITH SPECTRUM LAND SERVICES FOR TITLE AND RIGHT-OF- WAY ACQUISITION SERVICES RELATED TO THE 18” WATER TRANSMISSION LINE PROJECT. A motion was made by Councilman Harvick, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. D. Consider Avenal Police Department New Patrol Car Purchase: Chief Stivers reported that on January 23, 2019, an Avenal Police Department patrol vehicle was involved in a traffic accident. The vehicle has been deemed to be a total loss. As discussed in the January 2019 City Council meeting, there is a significant price increase and delayed delivery times for the 2020 Ford Explorer Utility Interceptor model. Wondries Fleet Group in Alhambra, CA currently has one 2014 Chevrolet Police Sedan in stock that they would sell below cost for a total of $24,255.66 with a full warranty. This purchase would save the City between $9,650 and $16,000 on delivery of the 2020 Ford Explorer Utility Interceptor model. This vehicle would be used by the Assistant Chief Arend LaBlue. The Assistant Chief’s current vehicle would be used as the Gang Task Force unit and the 2019 Ford Explorer Utility Interceptor recently purchased will be turned into a patrol vehicle to replace the totaled vehicle. Staff recommends approval of a motion to purchase the 2014 Chevrolet Police Sedan from Wondries Fleet Group. Mayor Pro Tem Woolley asked if we would get any salvage value from the totaled vehicle. Chief Stivers said yes, we will receive the vehicle back to have for usable parts as they are worth more than we would receive by just salvaging the vehicle. A motion was made by Councilman Harvick, seconded by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency March 28, 2019 Page 6 of 7 Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. E. Consider Out-of-State Travel for Explorers Post 1050: Chief Stivers, reported that the Avenal Police Department Explorer Post has traveled to the San Diego County Law Enforcement Explorers Training Academy for the last five (5) years. The advisors and members have discussed other activities in which they could take part in. A trip to Washington D.C. to visit the Capital, Library of Congress, Smithsonian Museums as well as the National Police Officer’s Memorial. Staff have identified 9 Explorers who have shown great interest in the trip. Parental permission has been done by way of parent meetings. All Explorers and their parents will sign notarized waivers prior to leaving. Three APD Staff members will be attending for proper supervision. The members are conducting fundraisers to assist in paying for their trip. Through their work at Pebble Beach events, they have earned enough to pay for this trip. Staff recommends approval of a motion to approve the request for out of state travel not to exceed the amount of $12,500.00 for 9 Explorers and 3 APD members. A motion was made by Councilman Harvick, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. F. Consider Adopting Resolution a as “Certificate of Acceptance” for Recording of Deed 741 Kern Street: Ms. Whitten reported that this property is a City Housing Program Loan property. The property owners are deceased; the City Rehabilitation loan has been outstanding. A foreclosure sale took place on March 21, 2019; and, unfortunately, the property did not sell and reverted to the beneficiary, the City of Avenal. Staff has been advised that the City Council must approve a Resolution that acts as a “Certificate of Acceptance” (of property), to record the deed. Staff recommends by Resolution, accept conveyance of 741 Kern Street and authorize/direct the City Manager (or Designee) to take all necessary and proper steps to carry out the purpose of the resolution. After a brief discussion, the following action was taken: RESOLUTION 2019-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL IN THE MATTER OF: ACCEPTANCE OF DEED ON BEHALF OF CITY FOR APN 040-254-010-000. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Joint Meeting City Council/Successor Agency March 28, 2019 Page 7 of 7 Mayor Pro Tem Woolley reported the following on KCAPTA: 1) changes to go into effect on July 1, 2019; 2) the Avenal route will have one stop in each City/Community: Hanford, Lemoore, Kettleman City and Avenal; 3) they will offer Flex Routes where a person would call before wanting to board and they would be picked up from the bus stop requested; and, 4) there will be an electric bus demonstration next month. Mayor Ovalle reported the following: 1) County City Coordinating meeting was held at the Tachi Palace; 2) Councilmember Preciado was appointed to the San Joaquin Valley Air Quality Management Citizen Board; 3) he was appointed to the Kings County Water Commission; and, 4) Music Fest will be held on March 30, 2019 at Rice Park. Melissa Whitten, City Manager, reported the following: 1) thanked Dawn Perkins, Director – Administrative Services for acting as City Clerk and taking the meeting minutes; and, 2) City Hall will be closed Monday, April 1, 2019 in honor of Cesar Chavez Day. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 6:37 p.m. Respectfully Submitted, Dawn Perkins Director – Administrative Services