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, APRIL 25, 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: None. Staff Present: Whitten, Ortiz, Perkins, Davis, Stivers. Legal Counsel: Ken Jorgensen, Michael Farley. PLEDGE OF ALLEGIANCE: Led by Mayor Ovalle. ROLL CALL: Councilman Harvick, Councilman Hernandez, Councilman Preciado, 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 5:17 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 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 Property Description: APN: 040-254-010 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: Owner/City. 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 concluded at 5:38 p.m. and there was no action. 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 April 11, 2019: Joint Meeting City Council/Successor Agency April 11, 2019 Page 2 of 8 A motion was made to approve consent calendar by Mayor Pro Tem/Successor Agency Member Woolley, seconded by Councilman/Successor Agency Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Sheila Verdugo reported speeding cars on Corcoran Avenue, Whitney Street & Alpine Streets. Three accidents have occurred, and she is concerned as there are many children on those streets. Chief Stivers stated that the accident on Corcoran Ave. was due to a DUI driver. He is working with Public Works to add a stop sign for the Corcoran Avenue and Dome Street intersection. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director, reported the following: 1) Community Center project; 2) Rice Park restrooms; 3) The Fitness Court project; 4) ReLeaf Grant; 5) 18' Water Transmission Line; 6) The Arroyo Del Camino Phase II. Community Development Staff have been working with the developer on wrapping up agreements and other grant requirements from HCD. California Housing and Community Development staff visited Avenal City Hall this month for a Close-Out Monitoring Visit on Arroyo Del Camino I. We received very good feedback on the project and the City's grant management, with two very minor suggestions for future projects; 7) Tire Amnesty Grant application to Cal Recycle for five (5) Waste Tire and E-Waste events over the next three (3) years; 8) Prop 68 Parks Grant applications; and, 9) Job Fair in Avenal for residents of Avenal, Huron, and Coalinga. Tentatively set for May 16 from 9:00 am to 1:00 pm. 2) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police: Rusty Stivers, Chief of Police, reported the following: 1) Patrol car avoids DUI driver; Another DUI traffic collision; 2) Ongoing family dispute results in gang arrest; 3) Homemade spear used in assault; 4) APD's operation to catch a predator; 5) Suspect hides loaded handgun in bushes during foot pursuit; 6) Other News at the PD: Police Activities League - Officer Diaz is organizing a boxing tournament at RSMS on June15th, 2019 and is in the process of making flyers, Explorers are busy preparing for Old Timer's Day, parking detail at Pebble Beach on Father's Day weekend and their Washington DC trip. Sergeant Storm accepted the Soroptimists of Hanford Women in the Military Award at their annual dinner, and Reserve Officer Tuttle was awarded the Meritorious Service Award by the California Association for Property and Evidence, Congratulations JD! It was well deserved! B. Special Presentations/Requests: A. None. PUBLIC HEARING(s): A. Consider Discussing Changes to 2016 State Community Development Bock Grant (CDBG) Award (16- CDBG-11133).  Staff Report  Public Hearing Joint Meeting City Council/Successor Agency April 11, 2019 Page 3 of 8  Approve Resolution (Discussion/Action) Fernando Santillan, Community Development Director, reported 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 City's proposed changes to the existing 2016 CDBG Grant award and to make their comments known on the proposed activities. A public notice was published in the April 10, 2019, issue of the Hanford Sentinel notifying the public of this public hearing. On May 17, 2016, HCD released a NOFA announcing the availability of CDBG Program funds of approximately $27 million from the 2016-2017 funding allocation. Applications are due on July 27, 2016 and the City was executed a Standard Agreement for the awarded funds on December 28, 2016. The NOFA allowed for eligible activities predominantly benefiting low- and moderate-income Californians and include: Homeownership Assistance and Housing Rehabilitation programs; Public Facility and Public Improvements projects (including Public Improvements in Support of New Housing Construction); Public Service programs, Planning Studies, Economic Development Business Assistance and Microenterprise activities. The City was eligible to apply for a maximum of $2,000,000 for a maximum of three activities Staff recommends the following: 1. Open the public hearing to accept comments on the City's proposed changes to the 2016 State Community Development Block Grant (CDBG) Award (16-CDBG-11133). 2. Adopt Resolution No. 2019- and thereby: a. Review and approve the proposed budget increase for the following eligible activities: Public Facilities (including CDBG Program Income) $1,790,848 Housing Combo: Housing Rehabilitation and Homeownership Assistance $220,930 General Administration (up to 7.5% of activity funds awarded) $129,070 TOTAL: $2,140,848 b. Authorize CDBG Program Income funds available be used on the Public Facility as needed to ensure completion of the proposed project scope. c. Determine that federal Citizen Participation requirements were met during the development of the application and this proposed amendment. d. Authorize and direct the City Manager or Community Development Director, or designees, to sign the any subsequent amendments with the State of California for the purposes of this grant. e. Authorize the City Manager or Community Development Director, or designees, to transfer or modify budget amounts and activities as necessary to fully expend CDBG Program funds and to execute loan documents, Funds Requests, and other required reporting forms. Mayor Ovalle opened the Public Hearing to Discuss Changes to the 2016 State Community Development Block Grant (CDBG) Award (16-CDBG-11133) at 5:57 p.m. Public Hearing closed at 5:57p.m. with no public comment. RESOLUTION 2018-18: A RESOLUTION APPROVING A BUDGET TRANSFER AND ACTIVITY CHANGES TO THE CITY'S 16-CDBG-11133 EXECUTED GRANT AGREEMENT WITH THE STATE CDBG PROGRAM. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Woolley, Hernandez, Harvick, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency April 11, 2019 Page 4 of 8 B. Consider SB 1 Application Submittal to the California Transportation Committee for the City’s “Streets and Roads” Project List.  Staff Report  Public Hearing  Approve Resolution (Discussion/Action) Scott Davis, Public Works Supervisor, reported that this report is to comply with the State's accountability requirements for the use of SB 1 funds. In Fiscal Year 2019-20 the City of Avenal expects to receive approximately $274,118 in SB 1 funds and, according to California Department of Finance estimates, total funding will be $4,346,170 over a ten-year period. On April 28, 2017 the Governor signed Senate Bill (SB 1), "The Road Repair and Accountability Act of 2017." Beginning in November 2017, new revenue for State and local transportation projects were generated through increases in gasoline and diesel fuel excise taxes and an increase in vehicle registration fees. Portions of the revenues will be directly allocated to cities for pavement maintenance, safety improvements, and "complete streets" (enhancing facilities for walking and bicycling). Other funding will be available on a competitive basis. He continues that to receive direct allocations of annual SB 1 revenues, all cities must adopt a City Council Resolution and submit a list of projects to the California Transportation Commission (CTC) by May 1, 2019 with information regarding the proposed use of funds related to location, scope, cost and expected useful life of the project The SB 1 Project list was developed by Rob Williams, Public Works Director, Scott Davis, Public Works Supervisor, with assistance from Brian Skaggs, City Engineer. SB 1 Project List: The proposed list is as follows:  Mariposa Street Road Project ($525,000);  Seventh Avenue Road Project ($365,000);  Monterey Street Road Project ($525,000);  Avenal Cutoff Road Project ($4,060,000). As annual reporting is due before the FY 2019/20 City Budget review, if the project list is approved by the City Council, FY 2019/20 Budget will include revenues and expenditures for use of SB 1 funds received.The proposed actions are not projects under the California Environmental Quality Act (CEQA) as they are administrative activities that will not result in direct or indirect physical changes to the environment (CEQA Guidelines Section 15378). Staff recommends the following: 1) Staff Report; 2) Public Hearing; 3) By motion, approve the FY 2019/20 City Streets Budget, Fund 30, to include SB 1 Revenues (estimated $274,118); and, Street Expenditures of SB 1 (in an amount not to exceed estimated funding by the State). Funds shall be used for SB 1 Projects as noted and included in (Attachment "A"); and,4) By Resolution, approve the SB 1 Project List and forward to the California Transportation Commission no later than May 1, 2019. Mayor Ovalle opened Public Hearing to consider SB 1 Application Submittal to the California Transpiration Committee for the City’s Streets “Streets and Roads” Project List at 6:00 p.m. Public Hearing closed at 6:01 p.m. with no public comment. A motion was made by Mayor Pro Tem Woolley to approve the FY 2019/20 City Streets Budget, Fund 30, to include SB 1 Revenues (estimated $274,118); and, Street Expenditures of SB 1 (in an amount not to exceed estimated funding by the State). Funds shall be used for SB 1 Projects as noted and included in (Attachment "A"), seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Woolley, Hernandez, Harvick, Preciado, Ovalle. NOES: None. ABSENT: None. Joint Meeting City Council/Successor Agency April 11, 2019 Page 5 of 8 ABSTAIN: None. RESOLUTION 2019-19: RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. A motion was made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Harvick, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Amending Title 8, Chapter, 9, Section 8-9.02 (c), 8-9.03 (a), 8- 9.07 (c) (2) and 8-9.07 (d) Relating to the City's Construction and Demolition Debris Mandatory Diversion Goal.  Staff Report  Public Hearing  Approve Resolution (Discussion/Action) Mr. Davis reported on April 14, 2011, the Avenal City Council adopted Ordinance No. 2011-04 which added Chapter 9 to Title 8 of the Avenal Municipal Code. Chapter 9 pertains to recycling and diversion of construction and demolition waste. The required Construction and Demolition (C&D) waste diversion was 50%. However, at this time, in accordance with the California Green Building Standards Code (Cal Green), all new residential, commercial and mixed-use construction projects in Avenal are required to divert a minimum of 65% of construction and demolition waste from landfill disposal. He continued that to comply with the new diversion requirement of 65%, there are certain sections of the Code which need to be amended, Staff is also requesting one (1) additional amendment to wording: Title 8, Chapter 9: DEFINITIONS: Section 8-9.02 Delete “or the Avenal Redevelopment Agency.” REQUIREMENTS FOR NEWLY CONSTRUCTED STRUCTURES: Section 8-9.03 (a): "Fifty (50) percent shall be amended to sixty-five (65) percent". WASTE MANAGEMENT PLAN: Section 8-9.07 (c) (2): "Fifty (50) percent shall be amended to sixty-five (65) percent". Section 8-9.07 (d): "Fifty (50) percent shall be amended to sixty-five (65) percent". Staff recommends the following: 1) Staff report; 2) Public Hearing; and, 3) Consider introducing and waiving the first reading of the proposed Ordinance. Mayor Ovalle opened the Public Hearing to Consider Amending Title 8, Chapter, 9, Section 8-9.02 (c), 8-9.03 (a), 8- 9.07 (c) (2) and 8-9.07 (d) Relating to the City's Construction and Demolition Debris Mandatory Diversion Goal at 6:09 p.m. Public Hearing closed at 6:10 p.m. with no public comment. After a brief, discussion the following action was taken. ORDINANCE 2019-02: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENAL AMENDING TITLE 8, CHAPTER 9, SECTIONS 8-9.02 (c), 8-9.03 (a), 8-9.07 (c) (2) and 8-9.07 (d) PERTAINING TO THE CITY OF AVENAL CONSTRUCTION AND DEMOLITION DEBRIS MANDATORY DIVERSION GOAL. A motion was made by Councilman Preciado, seconded by Councilman Harvick and carried. Joint Meeting City Council/Successor Agency April 11, 2019 Page 6 of 8 Roll Call Vote: AYES: Preciado, Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. Melissa Whitten, City Manager clarified that this action is to introduce and waive first reading of purposed Ordinance. D. Consider Establishing and Implementing "Fees and Charges" for Rental/Use of The Veteran's Memorial Hall by The Public.  Staff Report  Public Hearing  Approve Resolution (Discussion/Action) Shelia Verdugo, Supervisor reported that Staff has met twice with members of council to discuss the possibility of renting out the Veteran's Hall to the community. Currently the building is only used for the following: 1) Senior Nutrition Program 2) Fit to Succeed, Zumba and Karate Classes 3) County and Community Non-Profits for services and fundraisers. Staff receives inquiries for larger venues to rent for various occasions, such as: 1) Funerals 2) Baptisms/First Communions/Confirmations 3) Quinceaneras 4) Weddings We currently have three (3) indoor facilities and two (2) outdoor spaces for rent: 1) Scout House: Occupancy 24 2) Recreation Center: Occupancy 77 3) Avenal Theater & Event Center: Pegasus Occupancy 100 & Meeting Rooms 50 4) Rice Park Pavilion 5) Sports Complex Pavilion with Carport Covered Areas She continues that this is an opportunity to bring in extra revenue while providing the community with a service that is needed. Staff is seeking Council's approval to rent out the Veteran's Hall. Attached you will find the Facility Reservation Procedure, Rental Agreement and Pricing Sheet. Mayor Ovalle opened Public Hearing to Consider Establishing and Implementing "Fees and Charges" for Rental/Use of The Veteran's Memorial Hall by The Public. 6:12 p.m. Ms. Angelica Ortiz stated that she is speaking on half of all residents present that they approve the Veterans Hall for rental because their children and grand children can rent the facility. Mayor Ovalle closed Public Hearing at 6:14 p.m. RESOLUTION 2019-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVAL OF ESTABLISHMENT OF FEES AND CHARGES FOR THE RENTAL OF THE VETERAN'S HALL. A motion was made by Councilman Preciado, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Preciado, Harvick, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. Joint Meeting City Council/Successor Agency April 11, 2019 Page 7 of 8 OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Entering into Agreement with PYRO Spectaculars: Mrs. Verdugo reported Staff has received the Pyrotechnic proposal from Jennifer Waite, District Manager for PYRO Spectaculars. She indicated that for the Recreation Department to move forward with the June 30th, Independence Fireworks Display, the City would need to enter into a contract, which includes a deposit of $5,250.00 to be made by May 3, 2019. Funds have been allocated in the budget for the "2019" Fireworks Show”. Staff recommends by resolution to authorize the City Manager to enter into an agreement with PYRO Spectaculars, in an amount not to exceed $11,000.00. RESOLUTION 2019-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PYRO SPECTACULARS INC. FOR THE INDEPENDENCE DAY CELEBRATION AND FIREWORKS DISPLAY ON JUNE 29, 2019. A motion was 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. B. Consider Purchase of Equipment for Community Activities: Mrs. Verdugo stated that Staff has been working on ideas to raise money for the entertainment portion of their events. During Recreation sponsored events, a D.J. and/or band as well as at least one activity is used. Raising money to offset these costs would be beneficial to the Program account. Staff would like to purchase two pieces of equipment to be used for food fundraisers and in the new Event Center once construction is complete: 1) Mobile Heated Cabinet to keep food at the proper temperature and meet Health Department requirements. This will be used to store food until ready to be served. 2) Hot Food Serving Counter to serve food to community for events in the park. *(Both items can be used for other City activities such as the Appreciation Dinner, Staff Breakfast, luncheons etc.) Staff recommends by motion, authorization of Staff to transfer funds from Fund 10.4 (Development Impact Fees) to Fund 10.0800.726 in the amount not-to-exceed $13,700.00 for the purchase of one Mobile Heated Cabinet and one electric Hot Food Serving Counter. Councilman Harvick asked Mrs. Verdugo to contact the Avenal State Prison PIA Department for a quote on equipment which could save money. Mrs. Verdugo stated that she had not contacted them but would. Councilman Harvick made a motion to table item to the next City Council meeting, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Harvick, Preciado, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Joint Meeting City Council/Successor Agency April 11, 2019 Page 8 of 8 Councilman Preciado reported the following: 1) Sacramento meeting opposing AB 345 to cut 80% of oil fields in Los Angeles & Kern Counties only; 2) Bakersfield - Cesar Chavez Headquarters - to discuss banking water; and 3) Friday - JPA meeting. The City will receive a letter from Mario Santoyo requesting $5,000 fee. Councilman Hernandez reported the following: 1) thanked the City Manager for transportation to Mooney Grove for the Seniors. Also, thanked the community for attending. Mayor Pro Tem Woolley reported the following: 1) KCAG/KART/LAFCO - the unmet need survey within the bus system and public hearings. She was happy to see 133 letters requesting bus transportation to the Senior Nutrition Center at lunch and that looks very good. Melissa Whitten, City Manager, reported the following: 1) Old Timers Week next week; and 2) Fish Fry next Friday. Mayor Ovalle reported the following: 1) thanked the community for attending the City Council meeting and invited them to come again 2) “Good job” to Officer Storm and, 3) thanked Tony for fixing his iPad. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 6:55 p.m. Respectfully Submitted, Maria Ortiz, City Clerk