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 23, 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, Santillan, Starne, 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. 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. Mayor Ovalle announced, that Assembly Bill 345 is an urgency item and is time sensitive. As such, it needs to be added to the Agenda as item 6. – B. A motion was made by Mayor Pro Tem Woolley to add urgency item, as it is time sensitive, to the agenda as item 6.- B., seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. 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 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: Term s Property Description: APN: 038-290-028 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: Avenal Sand Drag Association Inc. Instructions to negotiator concerning: Terms Joint Meeting City Council/Successor Agency May 23, 2019 Page 2 of 7 Closed Session concluded at 5:31 p.m. Mayor Ovalle, announced that the City Council approved refinancing the 2019 interest payment only for Avenal Sand Drags Association Inc. A motion was made by Mayor Pro Tem Woolley to approved refinancing the 2019 interest payment only for Avenal Sand Drags Association Inc., seconded by Councilmember Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. 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 May 9, 2019: A motion was made to approve the 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. B. Consider Ratifying & Confirming Action Taken on May 9, 2019 Regarding the Sale of Property Located at 741 E. Kem Street: Councilman Preciado made a motion to table item due to lack of a second motion denied. A motion made by Mayor Pro Tem Woolley to Ratify & Confirm Action Taken on May 9, 2019 regarding the sale of property located at 741 E. Kem Street, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Ovalle. NOES: Preciado. ABSENT: None. ABSTAIN: Hernandez. A. Consider Juvenile Services Officer Contract for FY 2019/2020: Chief Stivers reported that The City of Avenal currently funds 50% of an Avenal Police Officer who is assigned as the Juvenile Services Officer (JSO) for the Reef-Sunset School District. It is in the best interest of the City of Avenal and the Reef-Sunset School District to continue in this contractual arrangement. The JSO position is critical to the law enforcement success of the City of Avenal. The partnership that is in place with the Reef-Sunset School District allows for a proactive law enforcement presence on campus. The Juvenile Services Officer is a Police Officer position whose total compensation with benefits is $100,400.54. The Reef Sunset Unified School District's share of cost will be $50,200.27 while the City's share of cost will be $50,200.27 which will be paid from 10.12500.501 (salaries). Joint Meeting City Council/Successor Agency May 23, 2019 Page 3 of 7 Staff recommends by resolution, that the Avenal City Council approve the contract with Reef-Sunset School District and authorize the City Manager to sign the agreement to continue with Juvenile Services Officer partnership for fiscal year 2019/2020. RESOLUTION 2019-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH REEF-SUNSET UNIFIED SCHOOL DISTRICT (RSUSD) AND THE AVENAL POLICE DEPARTMENT FOR A JUVENILE SERVICES OFFICER (JSO) POSITION FOR FY 2019/20. A motion made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Woolley, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. Consider Letter of Support for Hazard Mitigation Grant: Chief Stivers reported that the Disaster Mitigation Act of 2000 (DMA 2000) requires all local governments to address risks and measures that can be taken in advance to reduce future losses from natural and other closely related hazards. The plan also was prepared to meet the requirements of the Disaster Mitigation Act of 2000 and to achieve eligibility for the Federal Emergency Management Agency (FEMA) Grant Programs. The last plan was adopted in 2015 and the new plan needs to be adopted in 2020. Kings County Office of Emergency Management (OEM) is taking the lead in pursuing the grant for all municipalities and the County. At this time, if the grant application was successful, the match for the City would be approximately $6,200. If the grant was not successful, each entity would be responsible for approximately $25,000 in order to have the plan completed by the consultant. OEM is requesting letters of support from the City's governing body to submit with the application. Staff is authorizing the City Manager or Mayor to sign a letter of support for the Hazard Mitigation grant being submitted by the Kings County Office of Emergency Management. A motion was made by Councilman Preciado to authorize the City Manager or Mayor to sign a letter of support for the Hazard Mitigation grant to be submitted by the Kings County Office of Emergency Management, seconded by Harvick and carried. Roll Call Vote: AYES: Preciado, Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. A. Consider Urgency Assembly Bill 345: Mayor Ovalle reported that he received an email from Brenda Quintana, Nisei Farmers regarding rejecting AB345. If enacted, AB 345 could force thousands of existing oil wells in the San Joaquin Valley to shut down, costing not only jobs but millions of lost revenues used in cities and communities to improve living conditions for our people and to ensure public safety. These shutdowns also could erase tens of millions of dollars of economic activity in the Central Valley. A motion was made by Mayor Pro Tem Woolley to reject AB345, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Hernandez, Preciado, Ovalle. Joint Meeting City Council/Successor Agency May 23, 2019 Page 4 of 7 NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Dan Leon informed the City Council of his submission of a citizen complaint to the Department of Justice concerning a police officer. Chief Stivers administered the Oath of Office & introduced Gabriel Prieto, new Avenal Police Officer. Officer Prieto’s badge was pinned on by his brother and his family was in the audience. 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 on the following: 1) the Community Center progress; 2) restrooms at Rice Park; 3) Fitness Court; 4) ReLeaf Grant; 5) 18” Water Transmission Line is moving forward; 6) Prop. 68 community outreach; and, 7) Community Development & Farley Law Firm working on revision/update of RV/Truck/Trailer parking in residential areas. 2. Avenal Police Department Activity Report: Russell Stivers, Chief of Police. Chief Stivers, reported the following: 1) investigations; 2) traffic stops; 3) traffic accident; 4) probation search; and, 5) Upcoming events: PAL Boxing Tournament June 15 at RSMS and may need volunteers to assist with the event, Explorers will be working in Pebble Beach at the U.S. Open Golf Tournament that weekend, Explorers are preparing for their Washington DC trip the week of July 8, 2019, Avenal PD Recruitment Team has been formed, Senior Officer Promotions, and active shooter training this summer. A. Special Presentations/Requests: A. None. PUBLIC HEARING(s): C. Zoning Ordinance Text Change: Consider Ordinance Amending Table 9-1 of Title 9 of the Avenal Municipal Code to Include, as a Conditional Use, Indoor-only Health Clubs to Community Commercial (CC) Zoning District. • Staff Report • Public Hearing • Introduce & Waive the first reading of Ordinance (Discussion/Action) Mr. Santillan reported that on April 8, 2019, the Avenal Planning Commission held a public hearing to consider an application for Zoning Text Change 2019-01 that would make Indoor Only Athletic, Swim and Health Clubs (gymnasiums, fitness centers, racquet clubs), a conditional use in the Community Commercial (C-C) zoning district. The Commission adopted Resolution 2019-03 recommending that the City Council approve the Zoning Text Change and amend Table 9-1 of Title 9 of the Avenal Municipal Code to include, as a Conditional Use, indoor-only health clubs to the Community Commercial (C-C) Zoning District. Staff recommends that, after holding the public hearing, Council make the following findings and waive the first reading, to adopt and introduce the ordinance by vote at the second reading. 1. This Ordinance amending the Avenal Zoning Ordinance is categorically exempt from environmental review Joint Meeting City Council/Successor Agency May 23, 2019 Page 5 of 7 pursuant to California Environmental Quality Act Guidelines Section 15305 (a) Minor Alternation in Land Use Limitations. 2. The notice of a public hearing regarding this amendment was properly given at least ten (10) days prior to the date of the public hearing in a manner consistent with Section 9. 76.04(1) of the Avenal Zoning Ordinance. 3. The Text Change Ordinance adopted by this City Council of the City of Avenal is consistent with the City's General Plan. Mayor Ovalle opened public hearing to Consider a Zoning Ordinance Text Change at 6:03 p.m. Tyler addressed the Council supporting Mr. Ramirez’s project. He travels from Hanford to keep healthly and fit. This program has helped him to lose weight and he will continue to come. Mayor Ovalle closed the public hearing at 6:06 p.m. AN ORDINANCE OF THE AVENAL CITY COUNCIL AUTHORIZING A ZONING ORDINANCE TEXT CHANGE AMENDING TABLE 9-1 OF THE AVENAL ZONING ORDINANCE TO INCLUDE ATHLETIC, SWIM AND HEALTH CLUBS (GYMNASIUMS, FITNESS CENTERS, RACQUET CLUBS) INDOOR ONLY, A CONDITIONAL USE IN THE COMMUNITY COMMERCIAL ZONE DISTRICT. A motion was made by Councilman Preciado, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Preciado, Harvick, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Agreement with California Facility Specialists to Furnish and Install Retractable Basketball Goals for Avenal Community Center: Mr. Santillan reported that as part of the amenities in the Avenal Community Center, staff is seeking approval to purchase and install ceiling-mounted retractable basketball goals for the main basketball court. Staff has received quotes from the following contractors for materials and installation: California Facility Specialists $27,107.00 Sport Unlimited $19,841.00 (incl. tax; installation not incl.) Sport Facilities Group Inc. $49,000.00 Staff recommends approving resolution authorizing the City Manager to enter into an agreement with California Facility Specialists to furnish and install two ceiling-mounted retractable basketball goals at the Avenal Community Center in an amount not to exceed $29,817.70, which includes a 10% contingency amount. After a brief discussion, the following action was taken: RESOLUTION 2019-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CALIFORNIA FACILITY SPECIALISTS TO FURNISH AND INSTALL TWO CEILING-MOUNTED RETRACTABLE BASKETBALL GOALS AT THE AVENAL COMMUNITY CENTER. A motion was made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: Joint Meeting City Council/Successor Agency May 23, 2019 Page 6 of 7 AYES: Preciado, Hernandez, Harvick, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Entering into an Agreement with Cal-Fence Co. to Furnish and Install a Wrought Iron Fence for the Avenal Fitness Court: Mr. Santillan reported that as part of the project to furnish an outdoor Fitness Court adjacent to the Boxing Club, Staff has requested quotes from three vendors for a wrought iron fence around the facility. The specs requested were 12-gauge, minimum 2.5" posts and 14-gauge, minimum ¾" rails and pickets. The quotes received were as follows: 1. Fresno Fence Connection $39,600 2. Soto Fence Company $46,500 3. Cal-Fence Co. $22,000 Staff is recommending the following: by Resolution, authorize the City Manager to enter into an agreement with Cal-Fence Co. to install a 185' linear foot wrought iron fence at the Avenal Fitness Court, for a cost not to exceed $22,650.00 RESOLUTION 2019-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CAL-FENCE CO. TO FURNISH AND INSTALL A 185-LINEAR FOOT WROUGHT IRON FENCE AT THE AVENAL FITNESS COURT. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Woolley, Preciado, Harvick, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Agreement with O'Dell Engineering for Prop. 68 Parks Grant Concept Design Services: Mr. Santillan reported that in June of 2012, California voters approved Proposition 68, which authorizes funding for state and local parks, environmental protection and restoration projects, water infrastructure projects, and flood protection projects. Through funding from Proposition 68, the California Department of Parks and Recreation: Office of Grants and Local Services (OGALS) is expanding its Statewide Park Program (SPP) in 2019 by providing $254,942,000.00 in grant funding. The SPP is offering competitive grants that will create new parks and new recreation opportunities in critically underserved communities across California. Also, to prepare complete and competitive project applications, staff will need assistance with conceptual design based on the results of community engagement. Staff would like to contract an outside consultant who can provide technical expertise, concept and site plan design, and overall grant assistant to the City's Statewide Park Development and Community Revitalization Program grant applications. The addition of providing conceptual designs at the remaining community meetings will help steer the meetings and aid the community in selecting what desired recreational features are most feasible. Staff contacted consultants we've worked with in the past and received the following two proposals to provide concept design and grant assistance. 1. O’Dell Engineering $14,868.00 2. Place Works, Inc. $26,223.00 He continued that after reviewing the proposals, staff determined that O'Dell Engineering's proposal was the most competitive. Staff then requested pricing from O'Dell regarding on an optional cost for developing a 3D rendering of the Community Center/Park project. The additional cost for this work would be $3,752.00. Staff is requesting to add this amount to the original proposed amount of $14,868, which would bring the total project amount to $18,620.00. Joint Meeting City Council/Successor Agency May 23, 2019 Page 7 of 7 Staff recommends that the City Council approve a resolution authorizing the City Manager to enter into an agreement with O'Dell Engineering to provide Prop. 68 Parks Grant Concept Design Services in an amount not to exceed $18,620.00. After a brief discussion, the following action was taken. RESOLUTION 2019-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH O'DELL ENGINEERING FOR PROPOSITION 68 PARKS GRANT CONCEPTUAL DESIGN SERVICES. 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. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Mayor Ovalle reported the following: 1) attended a MENSA award ceremony; 2) Wonderful Academy has 300 graduates going to college and he thanked the Resnick’s and the Wonderful Company for helping our youth to obtain their AA degrees. Also, he read a poem in support of Public Works Week. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 6:31 p.m. Respectfully Submitted, Maria Ortiz, City Clerk