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City Council/Successor Agency/Public Finance Authority

Regular Meeting

Avenal, CA · February 13, 2020

AgendaMinutes

Minutes

CITY OF AVENAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY THURSDAY, FEBRUARY 13, 2020; 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 Hernandez, Councilman Harvick, 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 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 the City Council meeting at 6:00 p.m. with no action to report. Mayor Pro Tem Woolley would like to accommodate our out of town guest by changing the City Council Agenda by moving Item 9-A. to 7-B. A motion was made by Mayor Pro Tem Woolley to change City Council Agenda by moving Item 9-A. to 7-B, seconded by Councilmember Preciado and carried. Roll Call Vote: AYES: Woolley, Preciado, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. CONSENT CALENDAR: A. Consider City of Avenal/Successor Agency’s Approval of Minutes for January 23, 2020: Joint Meeting City Council/Successor Agency February 13, 2020 2 of 8 B. Consider Financial Statement & Warrants for January: A motion was made to approve the consent calendar as presented by Mayor Pro Tem/Successor Agency Member Woolley, seconded by Councilman/Successor Agency Hernandez and carried. Roll Call Vote: AYES: Woolley, Hernandez, Preciado, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: A. None. 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) Park & Landscaping; 4) Streets; 5) Water Distribution; 6) Wastewater Collection; and, 7) Vehicle, Equipment, & Building Maintenance. 2) Avenal Theater & Event Center Activity Report: Humberto Bermudez, Avenal Theater & Event Center Coordinator. Humberto Bermudez, Avenal Theater & Event Center Coordinator, reported on the following: 1) Movie nights: Dora and the Lost City of Gold, Dog’s Way Home, Beauty and the Beast, Remember the Titans and Pepe; 2) January 10th - Movie Night; 3) January 16th - Meeting with P.A.T.Y Studio; 4) January 22nd - Census Complete Count Committee Workshop; 5) January 24th - Movie Night; 6) January 25th - Pegasus Room Rental; 7) January 28th - 30th - CNC Mill Intro Training; and, 8) Upcoming - February 7th - Dinner and a Movie, February 21st - Movie Night, February 22nd - Census Complete Count Committee Workshop #2 (Tentative). PUBLIC HEARING(s): A. Consider Approving the Mitigated Negative Declaration for the Avenal Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements Project.  Staff Report  Public Hearing  Discussion/Action (Consider by Resolution) Alfonso Manrique, AM Consulting Engineers, reported that this Project will involve replacing or rehabilitating approximately 65,229 linear feet of existing sewer main pipeline within the City of Avenal and upgrading existing infrastructure at the WWTP. Sewer main improvements will consist of "in-kind" rehabilitation and replacements of the City's gravity sewer mains. The project is subject to the requirements of the California Environmental Quality Act (CEQA) and other regulatory environmental requirements. Avenal's Project Engineer (AM Consulting Engineers) retained the services of Crawford & Bowen Planning, Inc. to prepare the required CEQA documentation and associated studies. This is a Public Hearing item and will be opened to the public and approval by City Council. Travis Crawford, AICP, stated that in the Mitigated Negative Declaration, 20 environmental topics were analyzed from the CEQA Guidelines Appendix G checklist and specialized studies for biological and cultural resources were included. CEQA- Plus involves additional environmental analysis of certain topics to include federal thresholds, rules and regulations (such as air, biology, cultural, etc.). In addition to this Mitigated Negative Declaration, the City is preparing a separate Environmental Package for submittal to the Water Board which includes the CEQA-Plus analysis. Rregardless of the type of CEQA Joint Meeting City Council/Successor Agency February 13, 2020 3 of 8 document that must be prepared, the basic purpose of the CEQA process as set forth in the CEQA Guidelines Section 15002(a) is to: (1) Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities. (2) Identify ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects using alternatives or mitigation measures when the governmental agency finds the changes to be feasible. The Initial Study contained in Section Three of this document has determined that with mitigation measures and features incorporated into the Project design and operation, the environmental impacts are less than significant and therefore a Mitigated Negative Declaration will be adopted.The Project CEQA document processing will include a public meeting (today) and review/adoption of a Mitigated Negative Declaration (MND). In accordance with CEQA, the MND was noticed in The Sentinel on January 9, 2020 and circulated to the State Clearinghouse. The required 30-day review period was from January 11, 2020 to February 12, 2020. This Project is expected to be funded with Clean Water State Revolving Fund (CWSRF) funds administered through the California State Water Resources Control Board (Water Board). One requirement of CWSRF funding is that the City will be required to comply with the Water Board's environmental requirements including CEQA-Plus. Councilman Preciado was concerned with endangered species. There were no endangered species found. Mayor Ovalle opened the Public Hearing to consider approving the Mitigated Negative Declaration for the Avenal Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements Project at 6:37 p.m. Veronica Loya asked for an explanation of the environmental impacts that are less than significant. Mr. Crawford stated that under CEQA there are three (3): no potential significant impact, less than significant and less than significant impact with thresholds. He gave the example of air quality has a threshold and if you exceed certain emissions, it would be a potentially significant impact but below less than significant. Mayor Ovalle closed the public hearing at 6:45 p.m. RESOLUTION 2020-06: A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF AVENAL TO ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE CITY'S SANITARY SEWER COLLECTION SYSTEM AND WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT. A motion was made by Councilman Preciado, seconded by Mayor Pro Tem Woolley and carried. Roll Call Vote: AYES: Preciado, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Christopher Mendoza stated that he would be reading his statement and it will be translated to Spanish. On behalf of HEAL, an utmost disappointment and lack of transparency from the City of Avenal this past Monday, February 10, 2020. The residents demanded answers and the lack of transparency shamefully sparks the interest for further investigation. The goals were to answer questions from 100 residents and your resistance to provide the answers is unacceptable. Their attendance on Monday was by Mayor Ovalle’s invitation on Thursday, January 23, 2020 to gather everyone’s questions for the purpose of providing answers at the Veterans Hall. Mayor Ovalle advised us to submit questions prior to the meeting in order to receive answers. After the City Council meeting, they gathered questions from concerned citizens. On Friday, February 6, 2020, before the close of business, Veronica Loya personally delivered questions to Receptionist Diana Barrera and emailed them. Ms. Barrera stated that she would submit these questions to the City Clerk, Maria Ortiz. The simple protocol for this college style Q&A session would address submitted questions from the public at large and would not be lost to interpretation or spoken out of context. None the less, this was not the case causing confusion, intimidation and a lack of English to Spanish translation. HEAL will organize a community forum where Q&A’s would be provided. They will provide adequate translation and representatives to address any and all concerns. The City Council is invited and is more than welcome to attend and participate. Their organization is a non- Joint Meeting City Council/Successor Agency February 13, 2020 4 of 8 profit and neither internal nor external funds are available. Therefore, they demand the City of Avenal to provide a facility free of charge. They will not tolerate the lack of transparency and failed leadership to address the concerns. They will be registering voters to get more voters involved so that when elections come around, they can vote out the City Council who are not listening to their community. Nancy, a 10-year-old, 5th grader at Avenal Elementary School states the landfill affects her family especially her brother who has asthma. At her school, classmates have missed school because the air quality is affecting their health. She is here to represent all the Avenal Elementary school students who could not make it today. How are you going to help kids like me? Veronica Loya stated her\ concerns as follows: 1) disappointment with the study session that occurred on Monday, February 10th; 2) disappointed with the treatment of senior citizens that attended meeting and were shown a lack of respect; 3) She personally delivered questions and was hoping to get answers; 4) complete disconnection between the City Council and the community. Also, an internal disconnection between Staff and the City Council; 5) no transparency by the City Council; 6) City Council has not discussed a health study and the community needs to unite to get questions answered and find that transparency; and, 7) there were teens and residents in our faces, taking pictures, being paparazzi and as organizers of events, you need to be aware of what is happening. Maria Morales stated her concerns as follows: 1) Tamarack Elementary would like to see filtered water fountains; and, 2) theater’s price for popcorn has gone up. Mr. Cobine responded that Tamarack has filtered water fountains at the school site and to check with the School District. Melissa Figueroa, a political organizer from Kings County is empowering those that are underrepresented. After attending multiple City Council meetings, it has come to her attention that the recurring concern of shutting down the landfill is associated with monetarily constraint. She would like to inform the community and the City Council of other ways in which more money can be brought into Avenal. One of the many initiatives she is spearheading through her job is the initiative, Schools and Communities First. If passed, this California initiative will allocate $12 billion every year to fund K-12 education, public schools, community colleges and local communities. A study generated by the University of Southern California shows every County in California will benefit and such reform will allocate $10.4 million per year to Kings County alone. Local elected leaders have envisioned what these numbers mean. In other words, if passed, Schools and Communities First can fill in the gap in funding within rural communities. She would like to further discuss the City Council’s knowledge, implementation, and stand on this current initiative. Diana Lopez, Community Organizer, grew up in Avenal and it influenced her to pursue a career empowering rural communities like Avenal. In direct partnership with the Census, she has initiated community forums, workshops and canvasing initiatives to spread awareness and reach the population which have historically been undercounted. The Census is a general count of every individual residing in the United States, regardless of citizenship. It is conducted every 10 years to allocate the appropriate funding to areas per its’ population. Every person counted generates approximately $2,000 each year culminating in $20,000 over a course of 10 years. These funds are allocated to each community so that they can be used for housing, schools and infrastructure. In other words, if we all are counted, the Census can fill the gap for the lack of funding within rural communities. The City Council’s efforts should be to implement, educate, and inform community on the Census. Ted Woelk stated he was not planning on speaking tonight but was convinced. He has lived in Avenal for the past 16 years next month. He has raised 5 children and 2 grandchildren in Avenal. He is a foreigner from Canada and many people make fun of my accent. One thing his family appreciates so much about this city is the unity. The point he would like to make is regardless of the views we have on this very important topic; he prays that this community will stay united. He appreciates the work of the City Council, as he feels it is very difficult job and wants all to remember this is not an us versus them issue. He appreciated people mentioning that this is not a war. They are us and we are them. The City Council are citizens of Avenal. These are people that really care about our community just the same the community does. His goal and prayer are that Avenal stay united. Thomas Arredondo, resident of Avenal, mentioned that at the last meeting the organization HEAL submitted a letter to the City Council and wanted answers at this City Council meeting. Mayor Ovalle handed Mr. Arredondo a response letter to their questions. Also, will there be a professional translator at City Council meetings. Joint Meeting City Council/Successor Agency February 13, 2020 5 of 8 Mayor Ovalle stated that it is a work in progress regarding professional translator. Nelly Trujillo Rodriguez, a resident of Avenal for 30+ years, stated her biggest worry is the health of our children. As was mentioned by the young lady, our children are the future of Avenal and they are going to be fighting for our community. She is not here to fight with the City Council as we are all supposed to be one family and community. The Council doesn’t know what it is like to have a daughter who is a survivor of cancer. It is very difficult sitting in a hospital for 4 years not knowing if your child will live. Many people have mentioned that their kids are not sick, and she is glad that they have not had to suffer through that pain. She is asking for answers to questions and studies to be done now to prove if theses contaminants in the dirt and air are harmful to our kids. There is something out there that is hurting the health of our children. She is speaking to the Council, but mainly Mr. Alvaro Preciado, who told me his children are not sick. She is glad for that but put yourself in the shoes of those who do have sick children and listen to our comments. And, lastly, who likes to have trash in their home. Avenal is our home and we do not want trash in our homes. Juan Rodriguez stated that he is nervous but will voice his concerns. He does not want us to be divided. He wants unity and agreement. He has heard others from the community state the City Council have said things that were not true. He is not trying to put anyone in the spotlight or belittle anyone, but the City Council needs to listen to the community because there are many concerns and feels they are valid. Also, he feels that the City Council should do a study to have answers as to why kids are getting sick . The session today was supposed to be held at 5:15 p.m. but did not start until 6:00 p.m. Mayor Pro Tem Woolley stated that the meeting starts at 5:15 p.m. then the City Council goes into Closed Session and regular session begins at 6:00 p.m. Mr. Rodriguez stated that he doesn’t want to be the bad person, but it states that the City Council cannot comment on items not on the agenda in Public Comment Time and its done. As easy as it was to respond now. The City Council need to listen to the community’s concerns. Many people do not turn out because they are scared of the police or of retaliation on behalf of the City Council. No disrespect to the translator but there needs to be a proper translator because many of the things are not being translated properly. He might be nervous with this big crowd. It is time to unite, give the people what they need and do the right thing. Ms. Figueroa will be reading response letter for transparency: Exhibit A February 13, 2020 Healthy Environment for Avenal Lives (HEAL) Dear HEAL: The Mayor and City Council of the City of Avenal are in receipt of your letter which was presented during the January 23, 2020 City Council meeting. As requested, the responses are as follows: 1. A Fact Sheet regarding funds generated from the Landfill and use of said funds will be available in English and Spanish, as requested, for the February 27, 2020 City Council Meeting. Note: A financial receipt summary of revenue for annual Landfill Host Fees was distributed at the February 10, 2020 Study Session. Attachments: (HEAL January 23, 2020 letter attached). City of Avenal Receipt Summary (Landfill) 2. Currently, regular City Council Meetings are called to Order at 5:15 p.m. followed by Closed Session. The regular meeting reconvenes at 6:00 p.m. or shortly thereafter, whereas, the open meeting resumes. Based on the adopted meeting schedule by Council, it would accommodate those that arrive at/around 6:00 p.m. to attend and/or participate at a regular meeting. 3. We acknowledge your request for a professional interpreter. The City is currently researching this request plus evaluating costs which might be associated with this type of service. We hope to have a more definitive answer by February 27, 2020. 4. The City has heard the concerns regarding odor complaints which are allegedly from the Landfill. We have met with Landfill personnel to discuss the current processes in place which will continue to be enforced which include Joint Meeting City Council/Successor Agency February 13, 2020 6 of 8 the following: Landfill personnel will be more vocal with commercial drivers and remind them they should not be driving through town unless, in limited situations, they require access to Highway 33; additional signage will be installed at the Landfill exit area reminding commercial drivers to drive northeast on SR 269 to exit the City. The Landfill is also taking another proactive approach regarding their process to address any potential odor issues. They are currently preparing to install a new and more sophisticated equipment system which includes a series of strategically placed misters at the facility site. By way of process, this system is designed and will be installed to address any potential odor concerns. 5. A Community Study Session was scheduled and held on Monday, February 10, 2020, at the Veteran’s Memorial Hall. As requested, City Officials were in attendance as well as Waste Connections Operation Managers and one of their Engineers; all were available to answer questions and provide information. Landfill regulatory agencies were also in attendance. On behalf of the City Council, we would like to thank you for your letter. As noted, any other requests which were not addressed in their entirety in this letter will be provided by February 27, 2020. Thank you, CITY OF AVENAL Dagoberto Ovalle Mayor Cc: City Council Members Michael Farley, City Attorney OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Approval for Purchase of Filter Media from Anthracite Filter Media Company: Ronald Brumley, Utilities Supervisor, reported that the water plants have two filters that need media replacement. Filter 3 at Plant #1 was last replaced in 2008 and Filter 3 at Plant #2 was last replaced in 2010. Normal life expectancy is 8-10 years. In the past, Staff would contract out a complete rebuild (labor, equipment, materials and inspection). However, prices have doubled since our last rebuild in 2015, so we are going to try and rebuild them ourselves. He has five quotes on the needed material: 650 cubic feet of Anthracite, 600 cubic feet of filter sand, 80 cubic feet of garnet and 110 cubic feet of gravel. Purchasing in small bags will allow us to install without having to rent any extra equipment. Anthracite Filter Media Company Small bags $24,364.09 Super sack -- Carbon Enterprises Inc. Small bags $25,566.00 Super sack $23,281.00 Kleen Industrial Services Small bags -- Super sack $27,846.81 Carbon Activated Small bags -- Super sack $28,281.33 ERS Small bags -- Super sack $30,450.00 Staff recommends by motion, 1) authorize the purchase of material to replace filter media at Plant 1 and Plant 2 from Anthracite Filter Media Company in an amount not to exceed $24,364.09; 2) drawdown funds in the amount of $24 ,364.09 from Fund 75 - CIP; 3) transfer said funds to the Water Treatment Department, 14.14000/725; and, 4) let the FY 2019/20 City Budget reflect the changes. After a brief, discussion the following action was taken. A motion was made by Councilman Preciado as follows: 1) authorize the purchase of material to replace filter media at Plant 1 and Plant 2 from Anthracite Filter Media Company in an amount not to exceed $24,364.09; 2) drawdown funds in the amount of $24,364.09 from Fund 75 - CIP; 3) transfer said funds to the Water Treatment Department, 14.14000/725; and, 4) let the FY 2019/20 City Budget reflect the changes; second by Councilman Hernandez and carried. Roll Call Vote: Joint Meeting City Council/Successor Agency February 13, 2020 7 of 8 AYES: Preciado, Hernandez, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Extending Three Year Agreement with Self-Help Enterprises for Housing Program Administration, Implementation and Grant-Writing: Fernando Santillan, Economic & Community Development Director, stated that in January of 2017, Council approved a three-year agreement with Self-Help Enterprises (SHE) for Housing Program Administration Implementation and Grant- Writing. The contract expired in January of this year and for the City to be eligible to continue to use SHE's services, particularly for housing program administration, we would need to extend the previous agreement. The State Housing and Community Development Department has recently changed their rules to allow for five-year contracts for housing program administration. For existing three-year contracts, all that would be required is an amendment to the contract in order to extend it by two years. Attached is an email which contains written confirmation from HCD that this is allowable. The original three-year contract was procured competitively through an RFP process as required by HCD. By Resolution, approve a two-year extension to the previous three-year agreement with Self­Help Enterprises to administer the CDBG, HOME and Cal-Home programs until January 2022. After a brief, discussion the following action was taken. RESOLUTION 2020-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING A TWO-YEAR EXTENSION TO THE PREVIOUS THREE-YEAR AGREEMENT WITH SELF- HELP ENTERPRISES TO ADMINISTER THE CDBG, HOME, AND CALHOME PROGRAMS UNTIL JANUARY 2022. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Woolley, Preciado, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None C. Consider Development Impact Fees and CIP Drawdown for Avenal Community Center Project: Mr. Santillan reported that as construction continues for the Avenal Community Center, the primary source of funding (16- CDBG-11133) is winding down and it is now necessary to begin drawing down funds from Fund 10.4 (Development Impact Fees), as well as funds in Fund 75 (as was previously planned and budgeted). Currently, there is $171,922 in Fund 10.4 Account 49102 Recreational Facilities and $31,282 in Fund 10.4 Account 49103 Park Amenities, for a total of $203,202. Additionally, CIP (Fund 75) has $55,180.11 budgeted for Recreation - Facilities Improvements and Equipment and $78,416 for Parks and Landscaping - Parks Improvements and Restrooms, for a total of $133,596. The CDBG grant provided $1,339,284 for Construction, in addition to an additional $290,848.47 in CDBG Program Income that was approved to apply towards the project, for a total of $1,630,133 from CDBG. The total costs for Phase 1 are expected to be about $2,325,000, which includes the infrastructure, parking lot, shell building, and east and west concrete slabs. The total budget for the current phase is attached. Staff recommends, by motion, authorize draw down funds from Fund 75 - Recreation - Facilities Improvements and Equipment and Parks and Landscaping - Parks Improvements and Restrooms, in an amount not to exceed $133,596 and transfer to the project budget for application towards existing contracts for the Avenal Community Center Phase 1 construction, and let the Fiscal Year 2019/20 budget reflect the changes. A motion made by Mayor Pro Tem Woolley to authorize draw down funds from Fund 75 - Recreation - Facilities Improvements and Equipment and Parks and Landscaping - Parks Improvements and Restrooms, in an amount not to exceed $133,596 and transfer to the project budget to apply towards existing contracts for the Avenal Community Center Phase 1 construction, and let the Fiscal Year 2019/20 budget reflect the changes, seconded by Councilman Preciado and carried. Roll Call Vote: AYES: Woolley, Preciado, Hernandez, Ovalle. Joint Meeting City Council/Successor Agency February 13, 2020 8 of 8 NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Hernandez reported the following: 1) he mentioned that a bus will provide transportation for seniors to the Senior Lunch Program; and, 2) he worked the food distribution some resident received seconds and leftovers are left at the Senior Center. Councilman Preciado reported the following: 1) Working with the Air Quality Pollution Control Board District to schedule a meeting for School Districts and Municipalities. Hopefully it will be held next month, the Huron, Coalinga, and Kettleman City School Districts will be participating regarding grants funds for equipment, lawnmowers, electric buses etc.; 2) The Census needs to be done right this year and count those who were not counted before and caused us to miss out on the funding, which is needed; 3) He attended the Town Hall meeting on February10th and would like to apologize to those people who felt they were disrespected. It was confusing and many people were not happy with the setup. Also, he would like to work with Staff to setup another Town Hall meeting to answer questions and have other agencies involved. We need to have more information regarding animal carcasses. Veronica Loya spoke out and mentioned that Cal Recycle has reached out to her to organize another public forum and invite other interested agencies. She asked for any support available. Melissa stated that City Hall will be closed in observance of Presidents Day. Mayor Ovalle thanked everyone for their participation. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 8:05 p.m. Respectfully Submitted, Maria Ortiz, City Clerk

Agenda

CITY OF AVENAL “Pistachio Capital of the World®” CITY COUNCIL/SUCCESSOR AGENCY THURSDAY, FEBRUARY 13, 2020; 5:15 P.M. AVENAL THEATER; 233 E. KINGS STREET; AVENAL, CA. 93204 Study Session – None. LAST ORDINANCE: 2019-03 CITY LAST RESOLUTION: 2020-05 PFA LAST RESOLUTION: 2019-01 AGENDA 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: CITY CLERK: Government Code Section 54952.3: The members of the City Council/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 Successor Agency. 4. 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 Property Description: APN: 038-260-062 & 038-260-048 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: Chevron. 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. 1 5. 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 January 23, 2020: (Discussion/Action). B. Consider Financial Statement & Warrants for January: (Discussion/Action). 6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION: A. None. 7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS: A. Activity Reports: 1) Public Works/Building/Code Enforcement/ Animal Control Activity Report: Scott Davis, Public Works Supervisor; 2) Avenal Theater & Event Center Activity Report: Humberto Bermudez, Avenal Theater& Event Center Coordinator. A. Special Presentations/Requests: 1. None. 8. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person. 9. PUBLIC HEARING(s): A. Consider Approving the Mitigated Negative Declaration for the Avenal Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements Project.  Staff Report  Publice Hearing  Discussion/Action (Consider by Resolution) 10. OLD BUSINESS: A. None. 11. NEW BUSINESS: A. Consider Approval for Purchase of Filter Media from Anthracite Filer Media Company: (Discussion/Action). B. Consider Extending Three Year Agreement with Self-Help Enterprises for Housing Program Administration, Implementation and Grant-Writing: (Discussion/Action). C. Consider Development Impact Fees and CIP Drawdown for Avenal Community Center Project: (Discussion/Action). 2 12. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: A. City Council/Successor Agency; B. City Manager/Successor Agency; 1) Correspondence/Announcements/Information; C. City/Successor Agency/Attorney: 13. ADJOURNMENT: 1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II]. 2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours. I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and, 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on February 10, 2020 /s/ Maria Ortiz Maria Ortiz, City Clerk 3 CIUDAD DE AVENAL "Pistachio Capital del Mundo®"” CONSEJO DE CIUDAD/AGENCIA DE SUCCESSOR, 23de febrero, 20 20;205:15 P.M. TEATRO AVENAL; 233 E. CALLE DE REYES; AVENAL, CA. 93204 Sesión de estudio – Ninguno. LASTORDINANCE: 2019-03 CITY LAST RESOLUTION: 2020-05 PFA LAST RESOLUTION: 2019-01 Agenda 1. LLAMADA PARAPEDIR: 2. PLEDGE DE ALLEGIANCE: 3. ROLLCALL: SECRETARIO DE LA CIUDAD: Código de Gobierno Sección 54952.3: Los miembros del Ayuntamiento/Agencia Sucesora tienen derecho a recibir un total de $300.00 por mes debido a ser elegidos para el Ayuntamiento. No reciben ninguna otra compensación por sentarse como miembro de la Agencia Sucesora. 4. SESION CERRADA: (Ciudad/Agencia Sucesora): La intención de este órgano de gobierno es reunirse a puerta cerrada-sesión para revisar su posición e instruir a sus representantes designados: A. POTENTIAL/PENDINGLITIGATION (Código de Gobierno n.o 54956.9). La intención de este órgano rector es reunirse a puerta cerrada en relación con: Conferencia con el abogado – Decidir si existe la base para la sesión a puerta cerrada para los litigios previstos (Código de Gobierno n.o 54956.9(d)(3)). El número de casos potenciales es: 1. B. CONFERENCIA CON NEGOTIATOR(es) DEPROPIEDAD REAL (Código de GobiernoN.o 54956.8). La intención de este órgano de gobierno es reunirseen sesión cerrada para conversarcon los negociadores de bienes inmuebles its en relación con la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia local de la siguiente manera: 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 Descripción de la propiedad: APN: 038-260-062 y 038-260-048 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: Chevron. Instructions to negotiator concerning: Terms Descripción de la propiedad: APN: 040-330-020. Negotiator(s): City Manager/City Attorney. 1 Party with whom negotiating: County of Kings. Instructions to negotiator concerning: Terms C. CONSIDERAR LA IFINIdad A LOS SERVICIOS O INSTALACIONES PUBLICAS (Código de Gobierno n.o 54957(a)). La intención de este órgano rector es reunirse en Cperdió la sesión con respecto a lo siguiente: Consulta con el Departamento de Policía de Avenal: Rusty Stivers, Jefe dePolicía. 5. CALENDARIODE CONSENTIMIENTO: Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción)) A. Considere la aprobación de Actas de la Ciudad de Avenal/Agencia Sucesora para el 9 de enero de 2020:(Discusión/Acción). B. Consider Estado Financiero & Garantías para enero: (Discusión/Acción). 6. MAYOR & MIEMBRO DEL CONSEJO/ AGENCIA SUCESORA/ELEMENTOS PARA CONSIDERACIONES: A. Considerar el nombramiento del miembro del Concejo Municipal para servir en la Autoridad Operativa de la Ciudad de Avenal: (Discusión/Acción) 7. INFORMES DE ACTIVIDAD/PRESENTACIONES ESPECIALESY INFORMES DELCOMPROMISO: A. Informes de actividad: 1) Informe de Actividades de Obras Públicas/Construcción/Aplicación de Códigos/Control Animal: Scott Davis, Supervisor de Obras Públicas; 2) Informe de actividad del Teatro y Centro de Eventos de Avenal: Humberto Bermúdez, Coordinador del Teatro y Centro de Eventos de Avenal. A. Envíos/SolicitudesEspeciales Pre:: 1. Ninguno. 8. COMENTARIOS/ANUNCIOS PUBLICOS Y APARATOS NO PROGRAMADOS: Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre cualquier punto del orden del día o de cualquier otro punto de interés para el público que esté dentro de la jurisdicción del Ayuntamiento/Agencia Sucesora. La Ley del Estado prohíbe a cualquier miembro del Consejo/Agencia comentar o actuar sobre asuntos que no estén en el orden del día. Se permiten tres (3) minutos por persona. 9. AUDIENCIA(s) PUBLICA(s): A. Adoptar la Delcaración Negativa Mitigada para el Sistema de Recolección de Alcantarillado Santatary Avenal y Mejoras de Plantas de Tretment de Aguas Residuales Prject: • Informe del personal • Audiencia pública • Debate/Acción (Considerar por Resolución) 10. NEGOCIOANTIGUO: A. Ninguno. 2 11. NUEVONEGOCIO: A. Considere la aprobación para medios de filtro de compra de Anthracite Filer Media Company: (Discusión/Acción). B. Considere la posibilidad de extender un acuerdo de tres años con las empresas de autoayuda para la administración, implementación y escritura de programas devivienda: (Discusión/Acción). C. Considere las tarifas de impacto en el desarrollo y la reducción del CIP para Avenal Community Center: (Discusión/Acción). 12. CORRESPONDENCIA/ANUNCIOS/COMENTARIOSDE CIERRE: A. Concejal/ Agencia Sucesora; B. Gerente de la ciudad/Agencia Sucesora; 1) Correspondencia/Anuncios/Información; C. Ciudad/Agencia Sucesora/Abogado: 13. ADJOURNMENT: 1) En cumplimiento de la Ley de Estadounidenses con Discapacidad, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. La notificación 48 horas antes de la reunión permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un punto de este programa presentado al [Consejo/Autoridad] después de la distribución del paquete del programa están disponibles para la inspección pública en la oficina [De los Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal. Certifico que este taller de la Agenda del Ayuntamiento de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Salas del Ayuntamiento, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y, 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 17de enero, 2020 /s/ María Ortiz María Ortiz, Secretaria de la Ciudad 3

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