City Council/Successor Agency/Public Finance Authority

CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY THURSDAY, AUGUST 8, 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: Mayor Pro Tem Woolley, Councilman Harvick. Staff Present: Whitten, Ortiz, Perkins, Davis, Santillan, Stivers. Legal Counsel: Ken Jorgensen. PLEDGE OF ALLEGIANCE: Led by Mayor Ovalle ROLL CALL: Councilman Preciado, Councilman Hernandez, 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 because of being elected to the City Council. They receive no other compensation for sitting as a member of the Successor Agency. City 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. POTENTIAL/PENDING LITIGATION (Government Code§ 54956.9). It is the intention of this governing body to meet in closed-session concerning: Conference with legal counsel - Deciding whether basis exists for closed-session for anticipated litigation (Government Code § 54956.9(d)(3)). Number of potential cases is: 1. B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR(S) (Government Code§54956.8). It is the intent of this governingbodyto meet in Closed Session to confer with its real propertynegotiator(s) concerning the purchase, sale, exchange or lease of real property by or for this localagency as follows: Property Description: APN: 040-165-007 Negotiator(s): City Manager/City Attomey/CrisCom. Party with whom negotiating: County of Kings/State of California. Instructions to negotiator concerning: Terms C. CONSIDER THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code§ 54957(a)). It is the intention of this governing body to meet in Closed Session concerning the following: Consultation with Avenal Police Department: Rusty Stivers, Chief of Police. Mayor Ovalle, reopened City Council meeting at 5:55 p.m. with no action to report. CONSENT CALENDAR: A. Consider City of Avenal/Successor Agency's Approval of Minutes for July 11, 2019 & July 26, 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: Ovalle. NOES: None. ABSENT: Woolley, Harvick. ABSTAIN: None. Preciado, Hernandez, MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. Swearing-in of New APD Senior Officer, David Tapia: Chief Stivers. B. Swearing-in of New APD Reserve Officer, Carter Voyles: Chief Stivers. Chief Stivers, will be swearing-in New APD Senior Officer, David Tapia & Reserve Officer Carter Voyles. A little about Officer Voyles, he started on July 19, 2019 and just graduated from the Tulare Kings County Police Academy. This is his first law enforcement job and he has done remarkably well and is currently in field training. Also, familiar face David Tapia his has been with APD since November 30, 2015, Kings County Gang Task Force representative, Officer of the Year last year and has been promoted to Senior Officer/Daytime Watch Commander.  Joint Meeting City Council/Successor Agency August 8, 2019 Page 2 of 5 He continued, stating that their families are in the audience. Senior Officer Tapia was pinned by his brother & Reserve Officer Carter Voyles was pinned by his mother. C. Introduce Humberto Bermudez - New Avenal Theater & Event Coordinator: Melissa Whitten, City Manager. Melissa Whitten, City Manager, stated the we have a young man that has taken a large task but she knows he can do it. She introduced Humberto Bermudez as the New Avenal Theater & Event Coordinator. He’s been with the City 10-days and is doing a great job. He is an Avenal graduate and we are happy to have him. Mayor Ovalle announced a small recess for families to take pictures with the Police Officers at 6:08 p.m. Mayor Ovalle reopened the meeting at 6:18 p.m. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Matt Filippo, Kings County Fire Department, stated that his would like to clarify an incident. On July 4th there was a fire located between apartment complex and Tamarack Elementary School. There was a question as to what the response orders. They had a slow-moving grass fire in the middle of the field. He was on duty, on Engine 12, and decided to attack fire from the middle of the field they took the left flank and Avenal State Prison took the right flank. There was another engine coming from Kettleman City which was was cancelled but unbeknownst to him, they need to exchange equipment so they continued in. They came to the street north of the apartment complex but was stopped by a barricade. There was a question as to why they stopped turned around and went south of the apartments in order to enter. The reason for that was that they did not want to disturb anything as that engine was canceled. He wanted to let the Council know that they are their Fire Department, call anytime and he invites questions as he is a fire nerd. Again, they are your Fire Department and part of this community and are honored to serve this community. ACTIVITY REPORTS/SPECIALPRESENTATIONS & COMMITTEE REPORTS: A. Special Presentations/Requests: 1. APD Explorer Post Presentation: Washington D.C. Trip. Jose Garcia, Explorer Advisor, and the Explorers presented a 15-minute slide show of their July 8th -July 12th trip to Washington, D.C. They wanted to thank the City Council for making this trip happen and Mayor Pro Tern Woolley for a good dinner. 2. Avenal Regional Landfill Quarterly Report: George Anderson, Site Manager. George Anderson, Site Manager, reported the following: 1) Ql, Q2, -79,169 tons; 2) Recycled metal -1.34 ton; 3) 2.32 tons of trash and numbers are increasing; and, 4) Odor complaints - there were some trucks that were rejected due to compost. He can't help it if they park in town to eat. Also, the Air Board did an inspection and didn't find anything. Mr. Anderson has been Site Manager for 3- years and there has been no violations and he wants to keep it that way. B. Activity Reports: 1) Public Works/Building/Code Enforcement/Animal Control Activity Report: 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. 2) Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director, reported on the following: 1) Prop. 68 Grant application deadline is Monday: the Community Center/Community Center park is asking for $8.3 million, Rice Park splash pad and amenities is asking for $1.5 million & the Pocket Park behind the Boxing Club is asking for $2-milion; 2) Fitness Court; 3) Rice Park restrooms; and, 4) Community Center. 3) Avenal Police Department Activity Report: Rusty Stivers, Chief of Police. Rusty Stivers, Chief of Police, reported the following: 1) investigations; 2) DUI; 3) upcoming events - August 13th Explorers will be in Monterey on parking detail at Pebble Beach Car Show; 4) Senior Officer Abraham Avila resigned and he will be missed; 5) Reserve Officer Carter Voyles was hired to fill the Reserve Officer position and is currently doing Field Training; 6) Sergeant Storm, Investigator Tapia and Officer Tyler Stryd earned the 2nd quarter Team of the Quarter Award; and, 6) the KidzSpot Summer Camp challenged APD to a baseball game! We gladly accepted and had a great time interacting with the kids and Summer Camp Staff. He also thanked the Kings County Fire Department for helping. PUBLIC HEARING(s): A. None. OLD BUSINESS: A. None. Joint Meeting City Council/Successor Agency August 8, 2019 Page 3 of 5 NEW BUSINESS: A. Consider Change Orders for Additional Civil Engineering Work Required for Avenal Community Center: Mr. Santillan reported that there were several changes (including the size of the building which went from 19,900 sq. ft. to 34,700 sq. ft. to include a mezzanine) that were made to the design of the building that necessitated revisions to the onsite infrastructure. Additionally, work which had not been foreseen was required which was not part of the original contract/proposal from Harbison International. He continued that Mike Hamzy with Harbison International, proceeded with the required work in order to keep the project going (keeping the project deadlines in mind) with the understanding that the additional work would be presented to Council for approval after the civil plans were complete and there were no further change orders to be requested. The total dollar amount for the change orders requested for work completed is $7,600.00. The original proposal, which was approved by the City Council, as well as Change Orders 6 & 8 with corresponding invoices, are attached as Exhibits A - C. Staff recommends approving resolution regarding Change Orders 6 & 8 in an amount not to exceed $7,600.00. RESOLUTION 2019-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING CHANGE ORDERS 6 & 8 RELATING TO THE AVENAL COMMUNITY CENTER PROJECT FOR ADDITIONAL CML ENGINEERING WORK COMPLETED BY HARBISON INTERNATIONAL; AND, FURTHER, AUTHORIZE THE CITY MANAGER TO SIGN/EXECUTE SAID CHANGE ORDERS. A motion was made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Ovalle. NOES: None. ABSENT: Woolley, Harvick. ABSTAIN: None. B. Consider Agreement with Harbison International for Phase 2 and Phase 3 of the Avenal Community Center: Mr. Santillan reported that as the design and planning for the Avenal Community Center has progressed and Phase 1 design has been completed and construction is underway, Staff is now ready to move forward with the plans and structural engineering for Phases 2 and 3. Phase 1 (Utilities/Shell Building/Parking Lot)- Under Construction Phase I includes: Grading and Utilities, Pre-Engineered Steel Building Design, Engineering, Materials, and Construction of the parking lot, Septic System/Leech Field, and Basketball Court. Phase 2 (Interior Improvements)- Planning and Engineering Phase (Attached Exhibit A) Phase 2 includes: all other interior improvements such as: Interior walls and doors, office space, weight room, multipurpose room, commercial kitchen/concession area, restrooms, and elevator. Phase 3 {Upstairs Mezzanine) - Planning and Engineering Phase (Attached Exhibit B) Phase 3 includes: roughly 9,200 square foot upstairs mezzanine area, which needs to be designed concurrently with Phase 2 due to the structural engineering and elevator design requirements. Included amenities are: 3 offices, Lounge Limited Cardio exercise equipment, restrooms, elevator/stairs, and storage. As you can see, the design of the Community Center has evolved dramatically since first conceived, thus it was necessary to break the project up into phases for both design and construction purposes, as well as for fiscal purposes. Harbison International has provided a proposal for architectural and engineering services related to Phases 2 and 3 which, as noted previously, need to be designed concunently. The City of Avenal contracted with Harbison International on Phase 1, which is under construction currently. The amounts proposed for Phases 2 and 3 are: Phase 2: $22,700 Phase 3: $28.100 Total: $50,800 Staff recommends that the Council adopt the attached resolution authorizing the City Manager to enter into an agreement with Harbison International for architectural, engineering, and Title 24 services related to Phases 2 and 3 of the Avenal Community Center projects in an amount not to exceed $50,800 plus 10% contingency for a total of $55,880.00. RESOLUTION 2019-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HARBISON INTERNATIONAL FOR ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE AVENAL COMMUNITY CENTER PROJECT. A motion was made by Councilman Preciado, seconded by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency August 8, 2019 Page 4 of 5 Roll Call Vote: AYES: Preciado, Hernandez, Ovalle. NOES: None. ABSENT: Woolley, Harvick. ABSTAIN: None. A. Consider an Agreement with Harbison International for Storm Water Pollution Prevention Plan (SWPP) Inspections and Reporting: Mr. Santillan reported that now that construction is underway for the Avenal Community Center, we are required to inspect and report on the Stormwater Pollution Prevention Plan implementation throughout construction. Harbison International who has completed the SWP Plan for the project, has provided a proposal for SWPP inspection and reporting services, as required by the CA State Water Resources Control Board. He continued the proposal is for $7,800, assuming construction is completed by December, 2019, which we expect will be the case. However, inclement weather may delay construction and we would like to include a 10% contingency ($750) to account for additional monitoring through the end of construction. This would bring the total amount to $8,550.00. The proposal includes mileage and materials. Staff recommends that the Council adopt the attached resolution authorizing the City Manager to enter into an agreement with Harbison International for Stormwater Pollution Prevention Plan Monitoring for the Avenal Community Center Project in an amount not to exceed $8,550.00. After a brief, discussion the following action was taken. RESOLUTION 2019-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HARBISON INTERNATIONAL FOR STORMWATER POLLUTION PREVENTION PLAN MONITORING AND REPORTING FOR THE AVENAL COMMUNITY CENTER PROJECT. A motion was made by Councilman Preciado, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Ovalle. NOES: None. ABSENT: Woolley, Harvick. ABSTAIN: None. A. Consider Agreement with Shaw's Air Conditioning & Heating Inc. for Purchase and Installation of Evaporative Coolers at the Avenal Animal Shelter: Mr. Davis reported that the City has a service agreement with Shaw's Air Conditioning and Heating for four (4) heating/cooling units at the Animal Shelter. One (1) duel pack unit and three (3) heater/air handlers. During the service of the air handlers, the service technician found the evaporative cooler section of the units had many issues that needed to be addressed. He was contacted and asked to look at the problems with the units. At that time, it was determined that the units had surpassed their useful life and needed to be replaced. Staff received a proposal for replacing the evaporative cooler sections of all three (3) units: remove and dispose old equipment, install Captive air evaporative coolers, retro-fit condensate drains, connect to heater/air handlers, retro-fit electrical for each unit, and perform startup of systems. Proposal includes Prevailing Wage for a total amount of $10,477.00. Staff recommends: 1) By Resolution. authorize the City Manager to enter into an agreement with Shaw's Air Conditioning and Heating to replace and install the evaporating cooling sections of the heater/air handlers at the Animal Shelter in the amount not to exceed $10,477.00; and, By motion: 1) authorize the drawdown of General Fund Reserves in the amount of $10,477.00 and transfer said funds into Animal Control Department 10.0900.655 Professional Services; and, 2) let the FY 2019/20 Budget reflect the changes. After a brief discussion, the following action was taken. RESOLUTION 2019-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SHAW'S AIR CONDITIONING & HEATING, INC. FOR PURCHASE & INSTALLATION OF EVAPORATIVE COOLERS AT THE AVENAL ANIMAL SHELTER. A motion was made by Councilman Preciado, seconded by Councilman Hernandez and carried. A motion was made by Councilman Preciado to authorize the drawdown of General Fund Reserves in the amount of $10,477.00 and transfer said funds into Animal Control Department 10.0900.655 Professional Services; and, 2) let the FY 2019/20 Budget reflect the changes, seconded by Councilman Hernandez and carried. Joint Meeting City Council/Successor Agency August 8, 2019 Page 5 of 5 Roll Call Vote: AYES: Preciado, Hernandez, Ovalle. NOES: None. ABSENT: Woolley, Harvick. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Preciado reported the following: 1) Assemblyman Rudy Salas will be giving away tennis shoes and backpacks August 9th at Veterans Hall at 3:00 p.m.; 2) attended meeting at Fowler - Metropolitan Water District; 3) August 9th Assemblyman Rudy Salas will make a change to Prop lA which will restrict water flow out of the Delta which will affect Avenal; and, 4) he commended the Public Works Department for taking care of all water leaks. Melissa Whitten, City Manager, reported the following: 1) Friday Night Market is 7:00 pm – 10:00 pm at Rice Park and there will be a backpack giveaway; 2) National Night Out was great and there was a nice turnout; 3) she is proud of the Explorers and it was honor to have them. They did a wonderful job and they earned the trip. They made it to Washington, D.C. She hasn't made it there yet but she is very proud of them; 4) she again welcomed, Humberto Bermudez; and, 5) on Monday, September 2nd it is Labor Day and the City Hall offices will be closed. Mayor Ovalle reported the following: 1) Congratulations to Senior Officer Tapia, Officer Voyles & the Explorers. It is great to see them take a different kind of journey and broaden their horizons; 2) he saw CalTrans cleaning by the Wonderful Child Development Center. Hopefully, they will clean the shoulders as well; and, 3) he thanked the Grand Jury for attending. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:29 p.m. Respectfully Submitted, Maria Ortiz, City Clerk