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, MAY 9, 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, Mayor Pro Tem Woolley, Mayor Ovalle, Councilman Preciado, joined meeting at 5:58 p.m. 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 because 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 its 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 Closed Session concluded at 5:33 p.m. And there was action to report Mayor Ovalle, announced that the City Council approved Resolution 2018-22, the sale of 741 E. Kern St. at an amount of $144,000. A motion was made by Councilman Harvick to approved sale of $144,000 for property located at 741 E. Kern St., seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. CONSENT CALENDAR: Joint Meeting City Council/Successor Agency May 9, 2019 Page 2 of 8 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 25, 2019: B. City Warrants and Financial Statement for April 2019: A motion was made to approve consent calendar by Councilman/Successor Agency Member Harvick, seconded by Councilman/Successor Agency Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. Consider Scheduling Fiscal Year 2019/20 Budget Workshops: Ms. Whitten reported that it's that time again to begin review of the next fiscal year draft budget. We realize it is a very busy time of year, but it's important to have all City Council members in attendance to begin the review and discussion of the draft budget. At this time, Staff would like to suggest the following workshop dates: Tuesday May 28, 2019 5:00 p.m. -7:00 p.m. Avenal City Hall (General Fund) Tuesday May 21, 2019 4:30 p.m. -6:30 p.m. Avenal City Hall (all other funds) After a brief discussion, the following action was taken. A motion was made by Councilman Harvick to schedule workshops, seconded by Councilman Hernandez as follows: Tuesday May 21, 2019 4:30 p.m. -6:30 p.m. Avenal Theater & Event Center (all other funds) Tuesday May 28, 2019 5:00 p.m. -7:00 p.m. Avenal Theater & Event Center (General Fund) Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No comments. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Scott Davis, Public Works Supervisor reported on the following: 1) Building Department; 2) Code Enforcement;3) Park & Landscaping; 4) Street; 5) Water Distribution; 6) Waste Water Collection; and, 7) Vehicle, Equipment, & Building Maintenance. 2) Avenal Theater & Event Center Activity Report: Louisa Starne, Avenal Theater & Event Center Coordinator. Joint Meeting City Council/Successor Agency May 9, 2019 Page 3 of 8 Louisa Starne, Avenal Theater & Event Center Coordinator, reported the following: 1) Movie Nights/ Events – Spiderman 50/24, Bumblebee 50/50, Wizard of Oz 2/13, A Dogs Way Home 36 & Instant Family 38; 2) events: Old Timers Day popcorn, April 13th Easter in the park; 4) April 26th movie night, April 27th Appreciation Dinner & May 3-5 Old Timers weekend/movie night; and, 5)upcoming: May 16th Job Fair, May 17th movie night, May 24th AES movie day 2nd graders, May 25th rental, May 29th Kings County Community Development Agency and TES movie day. A. Special Presentations/Requests: A. None. PUBLIC HEARING(s): A. Consider a Zoning Ordinance Text Change:  Staff Report  Public Hearing  Approve Ordinance (Discussion/Action) Ms. Whitten stated that she spoke with City Attorney and there needs some correctios on the staff report and agenda. Staff is requesting to continue public hearing for the next city council meeting with the corrected information. Mayor Ovalle opened public hearing to Consider a Zoning Ordinance Text Change at 5:49 p.m. Councilman Harvick mentioned this re-zone and needed clarification why City allowed to have activities in their buildings. Ms. Whitten stated that when the city obtains property it becomes public facility zone, which fall under those rules and regulations. A motion was made by Mayor Pro Tem Woolley to continue Public Hearing to Consider a Zoning Ordinance Text Change until the next City Council meeting, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. Jaime Ramirez stated that he understands this item needs to be continued until the next meeting. Also, he would like to help Avenal residents by bring fitness club and health awareness. OLD BUSINESS: A. Consider Proposal for Replacing the Roof at the Police Activities League Building (Boxing Club): Scott Davis, Public Works Supervisor reported that at the April 11, 2019 City Council meeting, staff was asked to reach out to CSET (Community Services Employment Training) to request a proposal for replacing the roof on the P.A.L. building (Boxing Club). We received a response; CSET is unable to take on this project. CSET recommended contacting GC Roofing to obtain another proposal. Staff received the proposal from GC Roofing which is included in this report. Staff is also requesting to increase the project cost not-to-exceed an amount of $4,000.00 for any unforeseen issues that may arise. Staff is recommending the following: 1. Meraz Roofing $26,000.00 2. GC Roofing (60 mil Flexion XL-Evaloy roof system) $45,943.00 3. GC Roofing (50 mil Flexion XL-Evaloy roof system) $43,177.00 4. CSET Unable to take project Staff recommend the following: Joint Meeting City Council/Successor Agency May 9, 2019 Page 4 of 8  By Resolution, authorize the City Manager to enter into an agreement with Meraz Roofing to replace the roof on the P.A.L. Building for an amount not to exceed $30,000.00 ($26,00.00 +$4,000.00 contingencies).  By motion, authorize the drawdown of General Fund Reserves in the amount of $30,000.00 and transfer said funds into Equipment/Maintenance Department, 10.18000.655, Professional Services, and let the FY 2018/19 Budget reflect the changes. RESOLUTION 2019-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MERAZ ROOFING TO REPLACE ROOF ON POLICE ACTIVITIES LEAGUE BUILDING (BOXING CLUB). A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Harvick and carried. A motion was made by authorize the drawdown of General Fund Reserves in the amount of $30,000.00 and transfer said funds into Equipment/Maintenance Department, 10.18000.655, Professional Services, and let the FY 2018/19 Budget reflect the changes; seconded by Councilman Hernandez. Roll Call Vote: AYES: Woolley, Hernandez, Harvick, Ovalle. NOES: None. ABSENT: Preciado. ABSTAIN: None. B. Consider Purchase of Two (2) Pieces of Equipment by Community Activities Department: Shelia Verdugo, Supervisor reported that on April 25th staff brought this item before council, however it was tabled. Councilmen Harvick requested staff to investigate the possibility of Avenal State Prison's PIA Program to see if they could build the cabinets. Mayor Ovalle contacted staff in early May to let me know that the Prison doesn't make these types of tables. They only make heated cabinets (no electric). With the option of the prison off the table, staff is back with the original request which is as follows to purchase: 1) Mobile Heated Cabinet - Will keep food at proper temperature and meet Health Department requirements. This will be used to store food until we are ready to serve. 2) Serving Counter - Used at events to serve food to community in the park. Staff recommends by motion, authorize staff to transfer funds from 10.4 and put into 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. After a brief discussion, the following action was taken: A motion was made by Councilman Harvick, to authorize purchase and transfer funds from 10.4 and put into 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, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Hernandez, Harvick, Woolley, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Second Reading and Adoption of Ordinance No. 2019 — 02: Ms. Whitten reported that the Avenal Municipal Code constitutes a republication of general and permanent Ordinances of the City Avenal which are the guiding rules for the City. Joint Meeting City Council/Successor Agency May 9, 2019 Page 5 of 8 A public hearing was properly noticed and held on April 25, 2019 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. Ordinance No. 2019-02 was introduced, and the first reading waived at the April 25, 2019 City Council meeting. Staff is requesting Council's consideration to waive the second reading and adopt Ordinance 2019 - 02. 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 Mayor Por Tem Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS: A. Consider Formal Acceptance of the City’s Financial Report Fiscal Year 2017/2018: Dawn Perkins reported that Mr. Ivan Sotomayor, CPA with Sotomayor and Associates, CPAs the City's independent auditor, will review the FY 17/18 Audited Financial Statements with the Council/Agency Members at the scheduled Study Session prior to the March 28, 2019, Joint City Council/Successor Agency/PFA meeting. Staff is requesting that the City Council formal acceptance of the FY 2017/18 Financial Statements. A motion was made by Mayor Pro Tem Woolley, to accept FY 2017/18 Financial Statements, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Woolley, Preciado, Harvick, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. Ms. Whitten announced she wanted to thanked Dawn for audit and it was a longer process than anticipated. B. Consider Annual Funding to Support Summer Community Swimming Program at Avenal High School Pool: Dr. East, Superintendent, reported that this is his annual request for contribution towards Summer Aquatics Program major changes this year contracted with the Responsible Athletes Program (RAP) their taking over the Aquatics Program this is due to Obama care laws and regulations. Also, RAP can expand hours and add competitive swimming, which he would like to see being a swim parent in his younger year’s great activity for children and adults. Its more money due high expenditures. Mayor Ovalle asked has Wonderful contribute to the Aquatics Program. Dr. East stated that Wonderful Company has not contributed to the program for three (3) years. After a brief discussion, the following action was taken: A motion was made by Councilman Preciado to approve funding to support summer community Swimming Program at Avenal High School Pool in am amount not to exceed 18,000, 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 May 9, 2019 Page 6 of 8 C. Consider Amending Current Policy Regarding Rental of City Facilities as it Relates to Serving/Use of Alcohol: Ms. Whitten reported that well over a decade ago, the City Council (at the time) adopted a policy with regards to restricting alcohol use during events held at City facilities where minors were the honorees, such as, baptisms, birthdays, Quinceaneras, etc. The possibility of amending this policy has been discussed recently since rentals and use of City facilities are limited with current policy in place; however, the need and requests for rental facilities continues to increase. In some instances, Community members are going out of town to find less-restrictive rental space. At the April 25, 2019 City Council meeting, Council authorized rental of the Veteran's Memorial Hall and approved rental fees by Resolution, thereby, increasing the number of City facilities available for use. There are requirements currently in place which are part of the application process for rentals if alcohol is served:  Alcoholic beverages are permitted on a "bring your own" basis. Permission must be obtained if alcohol will be present/served at the event;  If all alcoholic beverages are fully consumed (during a rental), no new supply may be brought into the building;  Failure to notify staff that alcohol will be served will result in the forfeiture of the entire deposit and/or cancellation of the event;  Security Guards from a reputable security firm are required when/where alcohol will be served. Proof that a security firm has been retained and approved by the Chief of Police must be submitted 2 weeks prior to the scheduled use.  For Avenal residents that desire to rent a City facility (such as the Veteran's Memorial Hall), a $500 deposit is required if alcohol will be served. Non-residents are required to pay a $600 deposit. Staff is requesting Council's consideration to amend the current policy regarding rental of City facilities as it relates to serving/use of alcohol. RESOLUTION 2019-24: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL RESCINDING CURRENT POLICY WHICH RESTRICTS ALCOHOL USE DURING EVENTS HELD AT CITY FACILITIES WHERE MINORS ARE THE HONOREES (I.E. BAPTISMS, BIRTHDAYS, QUINCEANERAS, ETC.); AND, ESTABLISH NEW POLICY AS IT RELATES TO USE OF ALCOHOL DURING RENTAL OF CITY FACILITIES. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Woolley, Hernandez, Preciado, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. D. Consider Avenal Police Department Purchase - New Handheld Radios: Chief Stivers, reported Handheld police radios are a necessary tool for law enforcement officers. The Avenal Police Department made its initial purchase of 1he Kenwood TK-5320 radios in 2010. Over the years, through normal wear and tear, the radios are at a point where they need to be replaced due to loosen knobs, damaged screens, etc. He continues that a radio that fails in the field can be detrimental to the public and to the officers. The Kenwood product has been reliable and has a much better pricing option compared to the Motorola brand. If approved, the new radios would be issued to officers and the older ones of better quality can be passed on to the Explorers who will use them in competitions or communicate with advisors at events. Staff has obtained a bid from Cook's Communication, our radio and patrol car upfit vendor. Cook's Communications quote is $14,984.77 will be expended from 655.17 (Supplemental Law Enforcement Fund-FY 17-18) and have no impact to the general fund. Joint Meeting City Council/Successor Agency May 9, 2019 Page 7 of 8 After brief discussion, A motion was made by Councilman Harvick to purchase new handheld radios from Cook’s Communication at an amount not to exceed $14,984.77, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Harvick, Preciado, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. E. Consider Avenal Police Department Purchase - New Tasers: Chief Stivers reported that in late 2010, the Avenal Police Department began utilizing a necessary less lethal use of force option called a Conducted Energy Device (CED), commonly called a Taser. Over the last eight and a half years, the police department has had the need to purchase a few Tasers along the way as well as purchase many replacement batteries. We have reached the point in time where a new batch of Tasers are needed as most of the current ones have reached their usefulness and are so outdated that the manufacturer, Axon, does not support them any longer. Staff has researched a few different Taser models and determined the Taser X26P would be suitable for the police department. This model is consistent with the current model used by the police department. There are two models of Tasers above this product, but they appear to be cost prohibitive for our needs. (The newest Taser model is roughly $20,000.00 more to replace than the Taser X26P.) Axon offers a "Taser 60" plan which provides for new Taser devices, upgraded battery to synch with body worn cameras at no additional charge, unlimited amount of batteries, a 5-year warranty and training and duty cartridges each year. The total amount for this plan is $38,181.00. If purchased outside the Taser 60 plan, we would responsible for purchasing new batteries outside the one-year warranty as well, training and duty cartridges and a four-year warranty. It is estimated we would save between $4,500-$5,500 over 5 years if purchased using the "Taser 60"plan. He continues that in addition, staff has also done more research on how new technology will assist in supporting our body worn camera (BWC) program. With the new Tasers, each officer will be in possession of an upgraded BWC battery which emits a Bluetooth signal when the Taser is upholstered. The upholstering of the Taser activates the BWC and the officer does not have to be concerned whether the camera is on or not during a tense situation. Staff recommends approval to purchase 16 Tasers on the Taser 60 plan in the amount of $38,181.00 from Axon Enterprises. A motion was made by Councilman Preciado to purchase 16 Tasers on the Taser 60 plan in the amount of $38,181.00 from Axon Enterprises, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Woolley, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Preciado reported the following: 1) attended a funeral for Civil Engineer for the City of Coalinga; 2) Tehachapi meeting & Kern County banking water and interviewed - Cesar Chavez son; and 3) Friday - JPA meeting would like to due a workshop and city could provide a building; and, 4) he sorry, he missed the Old Timers Celebration and heard it was a good turn out. Councilman Hernandez reported the following: 1) he assisted with food distribution 140-residents received food and thanked the Recreation Department. Mayor Pro Tem Woolley reported the following: 1) she spent the day in a conference for transportation & low-income building; and, 2) thanked Councilman Hernandez for recognitions he brought us ladies for Mothers Day. Melissa Whitten, City Manager, reported the following: 1) thanked: Shelia, Anna, Louisa, Dawn, Angie, Public Works Department & City Council for their support for the Avenal Apprectaion Dinner was lovely event. Also, Maggalies with there beatiful decorating; 2) Old Timers Day had fun. she rodeo on the float; 3) May 15th Animal Clinic; 4) May16th Job Fair 9AM-1PM; 5) May 18th Family Tea Time; 6) May 21 Miton O Wilen Award 7PM; 7) Memorial Day Celebration at Pleasant Valley Cemetary at 10:AM; and 8) May 27th City Hall will be closed for Memorial Day celebration. Joint Meeting City Council/Successor Agency May 9, 2019 Page 8 of 8 Mayor Ovalle reported the following: 1) he particiapted National Day of prayre in Hanford; 2) 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