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, JUNE 13, 2019; 5:15 P.M. AVENAL THEATER; 233 E. KINGS STREET, AVENAL, CA 93204 MINUTES Mayor Pro Tem Woolley called the meeting to order at 5:18 p.m. Council Members Absent: Mayor Ovalle. Staff Present: Whitten, Ortiz, Perkins, Davis, Stivers. Legal Counsel: Ken Jorgensen. PLEDGE OF ALLEGIANCE: Led by Mayor Pro Tem Woolley. ROLL CALL: Councilman Harvick, Councilman Hernandez, Councilman Preciado. Mayor Pro Tem Woolley. 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. 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: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. Consider Approval of 2019 Summer Meeting Schedule: Melissa Whitten, City Manager, reported that over the past several years, the City Council has been in favor of a "Summer Meeting Schedule" whereby, one (1) City Council meeting is held in July and one (1) City Council meeting is held in August. By considering and adopting this type of schedule, it provides a "little breather" during the summer months to accommodate time away and/or vacation time for Council and Staff. Staff is recommending the following Summer Meeting Schedule for consideration by the City Council/Successor Agency: Thursday July 11, 2019 5:15 p.m. Avenal Theater & Event Center Thursday July 25, 2019 5:15 p.m. Avenal Theater & Event Center (cancel) Thursday August 14, 2019 5:15 p.m. Avenal Theater & Event Center Thursday August 28, 2019 5:15 p.m. Avenal Theater & Event Center (cancel) **Special meetings can be scheduled and noticed if necessary. Staff recommends that by motion, cancel the July 25, 2019 and August 28, 2019 City Council meetings. A motion was made by Councilman Harvick, to cancel July 25, 2019 & August 28, 2019 City Council meetings seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Preciado, Woolley, NOES: None. ABSENT: Ovalle. ABSTAIN: None. Joint Meeting City Council/Successor Agency June 13, 2019 Page 2 of 5 B. Recognition and Acknowledgement of 2019 Avenal High School Graduates that also Received their Associate of Science Degrees from West Hills College (Ag Prep Academy): Mayor Pro Tem Woolley Mayor Pro Tem Woolley announced there are several special guests tonight and we would like to recognize this group of students that have graduated with both their high school diploma & Associate of Science Degrees from West Hills College (Ag Prep Academy.) This is a great achievement. She read the 39 students’ names for certificates, City of Avenal lapel pins and star pins because all of these students are stars. Mayor Pro Tem Woolley called for a recess for refreshments and pictures at 5:20 p.m. Mayor Pro Tem Woolley re-commenced the meeting at 5:40 p.m. 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 23, 2019: B. City Warrants and Financial Statement for May 2019: A motion was made to approve consent calendar by Councilman/Successor Agency Member Preciado, seconded by Councilman/Successor Agency Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Harvick, Woolley. NOES: None. ABSENT: Ovalle. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Alicia Jacobo, Senior District Representative for Melissa Hurtado, reported there will be a workshop for Senior Scam Stoppers, Wednesday; June 26, 2019; 10am – 12pm Veterans Hall – 108 W. Kings St Avenal. All are invited. She dropped off flyers at City Hall & Senior program at the Veterans Hall. Dan Leon stated “I was at the last City Council meeting. For many years I have stood before various City Council meetings regarding renegade Police Departments and my warnings have landed on deaf ears. We’ve seen Police Officers at parties where they served alcohol to minors. According to witnesses at the scene, alcohol was served to two minors although I wasn’t at the scene. The City Council is made up of a bunch of white people. I personally have made a complaint on one of the police officers and nothing has been done. I received a phone call from a Supervisor and he did not want to give specifics on what was said as it is an ongoing case where officer was falsifying documents/reports for the City of Avenal. Sorry, I am nervous and am wearing a back brace. I warned that some of the police officers were guilty of violating vehicle code because of driving recklessly, endangering residents and public safety and he has spoken to the Chief of Police regarding the Police Officers’ reckless driving. We, the Maldonado family, intend to prove that the Avenal Police Department conducted vicious, malicious persecutions of a 24-year dedicated employee of the City of Avenal. In addition, we have received recent information from the State of California Superior Courts that an 89-year-old man with dementia was seriously abused by the Avenal Police Department by not providing proper medical care at the time of his arrest and several witnesses were threatened with restraining orders by some of the Police Officers. And that’s all.” Chief Stivers reported that he would like to invite the City Council to the Father’s Day Weekend Brawl. The Police Activity League will be hosting the boxing matches at Avenal High School - 601 E. Mariposa 1:00 p.m. – 5:00 p.m. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: Joint Meeting City Council/Successor Agency June 13, 2019 Page 3 of 5 1) Public Works/Building/Code Enforcement/Animal Control Department Activity Repo1i: Scott Davis, Public Works Supervisor Scott Davis, Public Works Supervisor, reported on the following: 1) Building Department; 2) Code Enforcement; 3) Parks & Landscaping; 4) Streets; 5) Water Distribution; 6) Waste Water Collection; and, 7) Vehicle, Equipment, & Building Maintenance. B. Special Presentations/Requests: A. None. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. Consider Second Reading and Adoption of Ordinance No. 2019 -03: 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: Jaime Ramirez asked if the City Council had any questions for him. The Council had none. Staff recommends, by motion, waive the second reading and adoption of Ordinance No. 2019-03. After a brief discussion, the following action was taken. 2019-03: 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, second by Councilman Harvick and carried. Roll Call Vote: AYES: Preciado, Harvick, Hernandez, Woolley, NOES: None. ABSENT: Ovalle. ABSTAIN: None. Ms. Whitten stated it is refreshing to see someone that has made an application be a part of the process. Mr. Ramirez thanked the City Council & Staff for their time. NEW BUSINESS: A. Consider Purchase of Solar Powered LED Lights and Poles for Avenal Fitness Court: Ms. Whitten reported as part of the project to furnish an outdoor Fitness Court adjacent to the Boxing Club, Staff has requested quotes from vendors for solar powered lighting at the facility. We were only able to obtain two quotes from four vendors contacted. The price quotes we received are as follows: 1. SCL $6,415.87 (tax incl.) 2. First Light Technologies $6,424.28 (tax incl.) Joint Meeting City Council/Successor Agency June 13, 2019 Page 4 of 5 The quotes do not include installation, as our Public Works Department has confirmed they will be able to complete the installation. Staff recommends that the Council, by motion, approve the purchase of two solar powered lights and poles from SCL North in an amount not to exceed $6,415.87. A motion made by Councilman Preciado to approve the purchase of two solar powered lights and poles from SCL North in an amount not to exceed $6,415.87, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Harvick, Woolley. NOES: None. ABSENT: Ovalle. ABSTAIN: None. B. Consider Authorizing the Police Chief to Enter into an MOU with Chief Probation Officer for Community Connection Partnership (CCP) Funds: Chief Stivers, reported Assembly Bill 109 (AB109), also know as Public Safety Realignment, became effective in October 2011. AB 109 decreased the workload on the state's parole division and diverted the task for monitoring released prisoners to the County Probation Departments. Kings County developed an annual plan to address the needs of the Post Release Community Supervision (PRCS) population. On March 25, 2019, Chief Rueben Shortness of the Corcoran Police Department made a presentation to the CCP on behalf of all four municipal police departments; Avenal, Corcoran, Hanford and Lemoore. The proposal was to obtain funding for a full-time officer to be assigned within each agency to work in partnership with the PRCS Deputy Probation Officer assigned to each jurisdiction to address the needs of the PRCS population. The proposal by the CCP Executive Board was presented on May 21, 2019 by Chief Probation Officer Zuniga to the Kings County Board of Supervisors who unanimously approved the proposal. The approval will allow the Avenal Police Department to receive $108,605.00 for year one of this agreement with two, one-year extensions possible. Staff recommends that the Chief of Police sign a Memorandum of Understanding with the Kings County Probation Department to receive funds from the CCP reserve funds beginning July 1, 2019. After a brief discussion, the following action was a taken. RESOLUTION 2019-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CHIEF OF POLICE TO SIGN AND EXECUTE MEMORANDUM OF UNDERSTANDING (MOU)/AGREEMENT BETWEEN THE KINGS COUNTY PROBATION DEPARTMENT AND THE CITY OF AVENAL POLICE DEPARTMENT RELATING TO COMMUNITY CORRECTIONS PARTNERSHIP FUNDING. A motion made by Councilman Harvick, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Preciado, Woolley. NOES: None. ABSENT: Ovalle. ABSTAIN: None. C. Consider Establishing Appropriations Limit for FY 2019/20 by Resolution: Dawn M. Perkins, CPA, Director - Administrative Services, reported that Article XIII B of the State of California Constitution places limits on the amount of revenue which can be spent by all entities of Government. To address the restrictions of the Article and increase the accountability of government entities in adopting their limits, voters approved Proposition III in June 1990 providing new adjustment formulas which should make the Appropriation Limits more responsive to local growth issues. It also requires an annual review of Limit Calculations. Joint Meeting City Council/Successor Agency June 13, 2019 Page 5 of 5 She continued that The City Council shall, each year by Resolution, establish an appropriations limit for the expenditure of so-called proceeds of taxes. The adoption of the Resolution must be at a regularly scheduled meeting of the City Council or at a noticed special meeting. The Fiscal Year 2019/2020 Appropriations Limit is $3,479,153.91 and the Appropriation Limits subject to limitations is $2,504,529.41. Since the City's appropriation limits are $829,909.83 less than the limitations, it is safe to say we will not exceed our limit this year. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2019-20 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. A motion made by Councilman Harvick, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Preciado, Woolley. NOES: None. ABSENT: Ovalle. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Ms. Ortiz announced that the Annual Conference for City Council will be at Long Beach Convention Center if anyone would like to attend please let me know as soon as possible to book everything. Councilman Preciado reported the following: 1) appointment to the San Joaquin Valley Air Pollution Control District Board. The City Council will need to appoint an alternate for the Citizens Advisory Committee; 2) attended the Well conference; and, 3) JPA meeting. Councilman Hernandez reported the following: 1) food distribution at Veterans Hall which served 130 families with food. He thanked the Public Works Department for helping to set up tables. Melissa Whitten, City Manager, reported the following: 1) Independence Day Celebration on June 29th and it is guaranteed to be a wonderful celebration at Sports Complex; 2) she is very proud of the young adults that graduated & received their High School diplomas and Associates Degrees; 3) the Public Hearing for the budget is scheduled for June 27th and one Councilmember (Harvick) will not be present. Councilman Harvick stated that he will not attend the June 27th meeting. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 6:23 p.m. Respectfully Submitted, Maria Ortiz, City Clerk