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, SEPTEMBER 12, 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. Staff Present: Whitten, Ortiz, Perkins, Davis, Santillan, Bermudez, Stivers. Legal Counsel: Ken Jorgensen. PLEDGE OF ALLEGIANCE: Led by Mayor Ovalle ROLL CALL: Councilman Preciado, Councilman Harvick, Councilman Hernandez, 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 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 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 Mayor Ovalle reopened City Council meeting at 5:23 p.m. with no action to report. CONSENT CALENDAR: A. Consider City of Avenal/Successor Agency's Approval of Minutes for August 8, 2019: B. Consider City Warrants and Financial Statement for July and August, 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: Preciado, Hernandez, Woolley, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. Swearing-in of New APD Senior Officer Richard Oliver: Chief Stivers. Joint Meeting City Council/Successor Agency September 12, 2019 Page 2 of 6 Chief Stivers, swore in new APD Senior Officer Richard Oliver. He is a 20-year Veteran of the United States Navy stationed at NAS Lemoore and a 14-year Veteran from the Kings County Sheriff’s Department. He has been with APD for a month now and is doing great. His friends & family were present, and his son Timothy pinned on his APD police badge. The City Council and Staff welcomed him. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: David Reynosa stated the following: 1) he represents the parents/children that like to play soccer. He would like to use a facility for practice and play but some facilities are locked. Avenal Elementary was letting them practice and hold games until the goals were damaged and removed. He is looking for a sponsor for new goals and if obtained, have them installed at Avenal Elementary; and 2) he lives on Dome Street at Union Avenue and would like stop signs installed due to heavy traffic and speeders. Ms. Whitten stated that Staff did have goals available for use but were told the goals were not needed at the time of your tournament. Mr. Reynosa requested use of the goals at Avenal Elementary School until the Sports Complex is ready. Ms. Whitten would investigate the issue and give Mr. Reynosa an answer. Scott Davis, Public Works Supervisor, stated that he would discuss the stop sign issue with Chief Stivers to determine best solution. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. 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) Recreation Department Activity Report: Sheila Verdugo, Supervisor; Ms. Whitten stated that Sheila is meeting with a client for the Farmers Market/Healthcare Clinic/Food Distribution Event tomorrow at the park. There will be games, yard sales, food, and music from 7-10 PM and a Healthcare Clinic from 7-9 PM. Everyone is invited. Councilman Preciado asked for clarification on appointments for the Recreation Commission. Ms. Whitten stated that currently, there are two vacancies and Arlene Santino may potentially step down due to health reasons. Then there will be three vacancies. 3) Avenal Theater & Event Center Activity Report: Humberto Bermudez, Avenal Theater & Event Center Coordinator. Humberto Bermudez, Avenal Theater & Event Center Coordinator, reported the July and August Activity reports as follows: 1) July Movie Night – Wonder Park, Grand Hotel, Shazam, Ugly Dolls, Dumbo; 2) July 12th Friday Night Market Place; 3) July 14th awnings installed; 4) P.A.T.Y.'S Studio Give Back Project - cancelled; 5) July 18 & 22 Interviews for the Event Coordinator Position; 6) July 26th Wonderful Grant’s Workshop; 7) July 30th JTO Job Fair; 8) August 7th Pistachio Festival Planning Meeting; 9) August 12th Drama Club Meeting; 10) Advisory Committee; 11) August Movie Night - Detective Pikachu, Avengers, End Game, Missing Link, El Barrendero, A Dog’s Journey; 12) August events - video game tables, Drama Club meeting, Neon Lights first visit; and, 13) Upcoming – September 9th Drama Meeting, September 13th Farmers Market, September 24th Fitness Court Ambassador Training, and September 27th Fitness Court Grand Opening. B. Special Presentations/Requests: 1. Tobacco Control Program Presentation: Oralia Vallejo, Tobacco Control Program Project Director: Oralia Vallejo, Tobacco Control Program Project Director reported the following: 1) Danger of Vaping Cannabis - CBD Oils; 2) Acute Respiratory Distress Syndrome - Vaping FAQ's/Significant Nationwide Issue; 3) Current Youth Data Marijuana; 4) Electronic Smoking Devices; 5) Cristian Ibanez - Most Recent Cases (video); 6) UC Merced Project - FDA; and, 7) Our Program's Efforts - Adult/Youth Coalitions/Policy/Objectives. Joint Meeting City Council/Successor Agency September 12, 2019 Page 3 of 6 PUBLIC HEARING(s): A. None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Ratification of Action in Step Taken by City Staff to Address an Urgent Matter which Included the Purchase and Installation of Three (3) A/C Units from Shaw’s A/C & Heating Inc. Ronald Brumley, Utilities Supervisor, stated that due to a power surge that occurred at Tank 2, all three (3) A/C units were damaged. Garza's Air Conditioning and Heating Inc. was called out to diagnose the problem. They found that the power surge had damaged the units and needed to be replaced. The units would not be able to be delivered for a week after the time of purchase. Due to the risk of having our re-lift pump’s VFDs damaged due to heat exposure for a long period of time, this matter was deemed urgent. Staff proceeded with obtaining quotes prior to ordering the needed units. The quotes received were as follows:  Garza's Air Conditioning and Heating Inc.'s quote $22,185.00  Shaw's Air Conditioning and Heating Inc.'s quote $18.431.00 Staff stated that Shaw’s was the responsible bidder; therefore, 1) by Resolution, requests Council's consideration to ratify the expenditure in the amount of $18,431.00 to Shaw's Air Conditioning and Heating Inc. for parts and labor needed to replace the three (3) Kooltronics A/C units; 2) by motion, transfer $18,431.00 from the Water Fund Reserves to 14.14000.725; and, 3) Let the FY 2019/20 Budget reflect the change. Ms. Whitten commended Mr. Brumley for all his hard work. After a brief discussion, the following action was taken. RESOLUTION 2019-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL RATIFYING ACTION AND STEPS TAKEN BY CITY STAFF TO ADDRESS AN URGENT MATTER WHICH INCLUDED THE PURCHASE OF THREE (3) A/C UNITS FROM SHAW'S A/C & HEATING, INC. TO REPLACE DAMAGED UNITS AT THE CITY'S RE-LIFT STATION. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Preciado and carried. A motion was made by Mayor Pro Tem Woolley to transfer $18,431.00 from the Water Fund Reserves to 14.14000.725 and, let the FY 2019/20 Budget reflect the change, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Woolley, Preciado, Hernandez, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Agreement with AM Consulting Engineers. Inc. for Design and Construction of a Solar Photovoltaic Generation System at the Wastewater Treatment Plant: Ms. Whitten reported on March 9, 2017, the City Council approved Resolution No. 2017-10 authorizing the City Manager to sign and submit a financial assistance application to the State for a "Clean Water State Revolving Fund (CWSRF) Grant'' for the design and construction of a Solar Photovoltaic System at the Wastewater Treatment Plant. AM Consulting Engineers, Inc. (AMCE) completed and filed the application on behalf of the City; the grant application was successful; and, the City was awarded a grant in the amount of $4,815,000 for the project . The Financial Agreement with the State Water Resources Control Board was finalized and signed in late July of this year. The budget breakdown as per the funding application is as follows: Amended Amount Engineering Services $250,000 Construction Cost Estimated $3,800,000 Joint Meeting City Council/Successor Agency September 12, 2019 Page 4 of 6 Legal Counsel $5,000 Contingency (20% of construction) $760,000 Total Project Awarded $4,815,000 Attached is a Professional Services Agreement along with a Scope of Work provided by Alfonso Manrique, President, AM Consulting Engineers, Inc. Staff recommends to authorization to enter into an agreement with AMCE to provide services for design and construction of the Solar Project, in an amount not-to-exceed $198,160. She thanked Mr. Manrique for his patience. Councilman Preciado stated that he has known Alfonso Manrique for a very long time and his cost of $198,000 tells the kind of work he does. He appreciates Mr. Manrique coming to Avenal and hopes he will continue his relationship with the City. Alfonso Manrique, President - AM Consulting Engineers, Inc. reported that once this grant is executed and the money is received, this project will be built. After the final approval package comes from the state, he would prepare a procurement package, solicit bids, get contractors, and have this project in operation by next summer. After a brief discussion, the following action was taken. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ENTERING INTO AN AGREEMENT WITH AM CONSULTING ENGINEERS, INC. TO PROVIDE ENGINEERING SERVICES FOR CONSTRUCTION OF A SOLAR PHOTOVOLTAIC GENERATION SYSTEM FUNDED BY A STATE OF CALIFORNIA CLEAN WATER STATE REVOLVING FUND (CWSRF) GRANT FOR "SMALL COMMUNITY WASTEWATER"; AND, FURTHER, AUTHORIZE THE CITY MANAGER TO SIGN AND EXECUTE SAID AGREEMENT. A motion made by Councilman Preciado, seconded by Mayor Pro Tem Woolley and carried. Roll Call Vote: AYES: Preciado, Woolley, Hernandez, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider APD Out of State Travel-Training Request: Chief Stivers reported that the annual California Law Enforcement Association of Records Supervisors (CLEARS) annual conference will be held from October 21 - 25, 2019 in Reno, Nevada. Records Supervisor, Martha Augustus, has not attended the conference in several years. The conference often has classes with the most current information which is vital to the operation of the Records Division. Since the first day of the conference is mostly a state board meeting, Martha will travel on this day and return on the last day of training. The following are estimated travel costs associated with the training: Lodging: $400.00 (3 nights) Registration: $400.00 Per Diem $100.00 Estimated Total $900.00 Staff recomends that the City Council approve the request for out of state travel to the 2019 CLEARS Conference in Reno, Nevada for Records Supervisor Martha Augustus. Expenses will be paid from the Police Department's General Budget Training Account, 10.12500.661. A motion was made by Councilman Harvick approve the request for out of state travel to the 2019 CLEARS Conference in Reno, Nevada for Records Supervisor Martha Augustus, seconded by Concilman Preciado and carried. Roll Call Vote: AYES: Harvick, Preciado, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. D. Consider Entering into Agreement with Avakian Hardwood Restoration for Restoration of Pegasus Ball Room Joint Meeting City Council/Successor Agency September 12, 2019 Page 5 of 6 Hardwood Flooring for Avenal Theater & Event Center: Mr. Bermundez reported the that in a further attempt to present Avenal with a welcoming public venue, the hardwood flooring in the Pegasus Ball Room requires restoration. After nearly a decade since the fire restoration, the flooring has seen wear and tear with use from rentals, events and programs. The current scope of the restoration involves resurfacing and refinishing of: Main Floor 1,357 ft2 Upper Stage 435.5 ft2 Stairs Sets 37.5 ft2 Three (3) contractors estimates for this project as follows: 1. Avakian Hardwood Restoration $ 8,554.00 2. Jerry’s Hardwood $13,320.00 3. Robinsons Interiors, Inc. Recommended Avakian Staff recommends approval to enter into an agreement with Avakian Hardwood Restorations to restore the Pegasus Room's total surface area of 1830 ft2 for a total cost of $8,544.00. Councilman Harvick stated that before he approves this item would like to know what is better for the floor, oil based or water-based polyurethane? He wants it to last long term due to it’s use as a rental facility. A motion was made by Councilman Harvick to table item and research which product is better for the floor, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Preciado, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. E. Consider Change Orders for Additional Civil Engineering Work Required for Avenal Community Center: Community Development staff published Invitation to Bid No. AVN 19-4 on August 10, 2019 requesting bids for the Foundation and Building Erection/Construction for the Avenal Community Center. Mr. Santillan reported that Community Development Staff published Invitation to Bid No. AVN 19-4 on August 10, 2019 requesting bids for the Foundation and Building Erection/Construction for the Avenal Community Center. Staff received 3 bids by the September 5th extended deadline. Staff reviewed the bids and determined that the lowest qualified, responsible bid was submitted by Webb & Son Construction. Bidders: Bid Amount: Klassen Construction $1,047,000.00 Webb & Son Construction $1,011,095.00 Jon Casey Construction $1,484,000.00 The bid includes the concrete foundation and building shell erection, installation of standing seam roof, exterior doors, windows, skylights and other specified accessories and exterior architectural elements. The bid includes Federal and State Prevailing Wages as required by our CDBG Standard Agreement. Bidders were required to submit a bond for 10% of the bid amount, and the awarded contractor will be required to provide performance and labor/materials bonds for 100% of the contract amount. The lowest bidder, Webb & Son, proposes to use the following subcontractors for the execution of the project:  Lewis Steel Construction, Inc (Steel Erection/Insulation)  Ramirez Custom Concrete, Inc. (Concrete)  Kenyon Plastering (Lath/Plaster)  Foothill Masonry (Masonry)  Superior Steel Framing (Steel Stud Framing/Sheathing)  Tulare Glass (Windows/Storefront)  American Inc (Electrical) Joint Meeting City Council/Successor Agency September 12, 2019 Page 6 of 6 Staff recomends approval of a resolution awarding the foundation and building erection contract to Webb & Son as the lowest responsible bidder on Bid No. AVN 19-4, at a cost not to exceed $1,112,205, including a 10% contingency amount. Due to higher than anticipated costs for this phase of the project, the timeline and the contract will be structured so that the least consequential elements of the construction will be completed later, contingent on additional funding received for the project (roughly $200,000). After a brief discussion, the following action was taken. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ACCEPTING WEBB & SON'S BID AS THE LOWEST RESPONSIBLE BID FOR BID NO. AVN 19-4, THE AVENAL COMMUNITY CENTER FOUNDATION AND BUILDING ERECTION PROJECT. A motion was made by Councilman Harvick, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Preciado, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Harvick reported that he attended the City of Avenal Operating Authority meeting. Councilman Preciado reported that he had a meeting with Jose Ramirez. Mr. Ramirez is considering investing his earnings from being a Boxing World Champion. He has purchased 15 acres in Stratford and hopes to invest in Avenal. Councilman Hernandez reported the following: 1) he held a food distribution at the Veterans Hall and it was well attended; and, 2) attended a meeting with youth and Oralia Vallejo, Tobacco Control Program Manager, regarding vaping. Our community needs to be more informed and educated about vaping. Mayor Pro Tem Woolley reported the following: 1) she was appointed to the San Joaquin Valley Multi Agency to determine the use of the Local Government Planning Support Grant; and, 2) KCAG/KACPTA Meeting. Councilman Hernandez commented that he and other Avenal citizens are objecting to some of the changes made to the bus schedule. Angie Dow, KCAPTA Director, came to meet with the seniors and many ideas were shared. There was a suggestion to put a luggage stand in the front of the bus to put bags as riders are limited on how many they can carry on. A luggage stand cannot be placed at the front because it will block the sightline of the drivers. KCAPTA opened a Public Hearing to go through October 23rd due to the objections. Mayor Ovalle reported the following: 1) thanked the Grand Jury for attending; 2) thanked Sheila, Anna and Humberto; and, 3) congratulated the new Senior Officer Richard Oliver. Melissa Whitten reported the following: 1) commended Ronald, Public Works, Utilities, and Office Staff for their help during the recent water leaks; and, 2) condolences to the friends and family of Dr. Thurston who passed away this week. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 7:29 p.m. Respectfully Submitted, Maria Ortiz, City Clerk