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, DECEMBER 12, 2019; 5:15 P.M. AVENAL THEATER; 233 E. KINGS STREET, AVENAL, CA 93204 MINUTES Mayor Ovalle called the meeting to order at 5:32 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 5:34 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 ifs 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 5:44 p.m., with no action to report. CONSENT CALENDAR: A. Consider City of Avenal/Successor Agency's Approval of Minutes for November 14, 2019 and November 26, 2019: B. Consider City Warrants and Financial Statement for November 2019: Mayor Pro Tem Woolley abstained from Check #46938. Melissa Whitten, City Manager, stated that the minutes for November 26, 2019 were revised due to errors and a date needs to be added. A motion was made to approve consent calendar as presented by Councilman/Successor Agency Member Harvick, seconded by Councilman/Successor Agency Hernandez and carried. Roll Call Vote: AYES: Harvick, Hernandez, Preciado, Woolley, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ITEMS OR CONSIDERATION: 1. Consider Appointments to the Avenal Recreation Commission: Melissa Whitten, City Manager, asked if there were any changes to Councilman Harvick’s possible appointment to replace Paul Cobine to fill his unexpired term (exp. 2021). Councilman Harvick appointed David Reynosa to serve the Recreation Commission. Joint Meeting City Council/Successor Agency December 12, 2019 Page 2 of 6 PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: Jose Valencia commented on the following: 1) he has been an Avenal resident for 26 years; 2) he would like to know the possibility of the City of Avenal to help owner/builders to assist in the cost of building a new home, as it is very costly; 3) he would like to see infrastructure along Kern St. & Union Ave. to help Avenal grow. Ken Jorgensen, City Attorney, commented the following: 1) City Council meetings are open to the public and posted a minimum of three (3) days prior with all Agenda items for community review; 2) items of interest to community members can be identified and considered to allow the community’s input; 3) Issues brought during this time are heard and Staff will be considering items. Per California law, the City Council cannot discuss or comment on these items. 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. Avenal Theater & Event Center Activity Report: Humberto Bermudez, Avenal Theater & Event Center Coordinator; Humberto Bermudez, Avenal Theater & Event Center Coordinator, reported the following events; 1) November 15th Movie Night - Toy Story 4 & Godzilla; 2) November 22nd – RSMS Movie; 3) November 23rd - APD Coats for Kids; 4) December 6th - Free Movie Night; 5) December 7th - Holiday Magic Parade; 6) December 10th – 12th -AES Movie Days; 7) Upcoming - December 20th - Movie Night/Pictures with Santa; and, 8) December 21st - Rudy Salas Toy Drive (Invitation Only). 3. Avenal Police Department Activity Report: Rusty Stivers, Chief of Police. Rusty Stivers, Chief of Police, reported the following: 1) Investigations; 2) Total CAD Calls; 3) Monthly Statistical Report; 4) Battle of the Badges was a big success with 16 community donors; 5) Upcoming – November 23rd Coats for Kids at the Avenal Theater & Event Center; and, 6) Police Activities League kids will begin basketball season from December - February. 4. Community Development/Planning Activity Report: Fernando Santillan, Community/Economic Development Director; Fernando Santillan, Community/Economic Development Director, reported the following: 1) Community Center construction; 2) 2020 County Census Outreach. Proteus has been out at various City events to clear misconceptions. We have also began gathering names and contacts for the City-wide Complete Count Committee; 3) Community Development and Public Works Staff met with CalTrans in November to discuss the SR 269 Crosswalks Project; 4) Working with Self-Help Enterprises for $500,000 in HOME grant funds to continue funding First Time Homebuyer and Rehabilitation loans for Avenal residents; 5) SB2 Grant applications have been submitted for a total of $160,000 for two projects; 6) Working with KCAG on the County-wide electric vehicle readiness plan and Pavement Management System; 7) The Releaf Grant is close to completion; 8) Tony has assist Sheila and Humberto with holiday events and movie night poster printing and other miscellaneous requests; 9) Permitting and two rezoning applications which require environmental review and other extensive consultations due to the planned projects associated with the rezones; and, 10) The Planning Commission approved a Variance for a backyard patio construction as well as a Conditional Use Permit for a church at 745 Skyline Blvd. at their December meeting. B. Special Presentations/Requests: 1. None. PUBLIC HEARING(s): A. Consider Development Impact Fees & Mandatory Reporting for FY 2018/19.  Staff Report  Public Hearing  Discussion/Action: Consider Resolution Joint Meeting City Council/Successor Agency December 12, 2019 Page 3 of 6 Ms. Whitten reported, as part of the annual reporting requirement, the City is required to make available certain information pertaining to the Development Impact fees including plans for the use of fees, transfers or loans, etc., to the public prior to review by the City Council. Such information has been properly noticed and made available to the public within the required time line. Said information is available Monday - Friday during regular business hours at City Hall. The City Council shall review the report and the Development Impact Fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described Public Facilities (including Vehicles & Equipment) are necessary. Any changes can also be considered during this time. On May 9, 2019, the City Council approved the transfer of $13,700 from DIF Funds - Community Recreational Facilities (49102) - to the Community Activities Department for the FY 2018/19 Budget, 10.8000.726, to purchase a mobile heated cabinet and hot serving counter. No other purchases, changes, transfers or amendments to the report, plan or the Five (5) Year CIP are recommended. Staff recommends, by Resolution, the City Council consider making the following findings: 1. Development Impact Fees continue to be reasonably related to the impact of development; and, 2. Described public facilities are still needed. Please be advised that there will most likely be use of DIF funds, (49102) - Community Recreation Facilities, and (49103) - Park Amenities, in FY 2019/20, for the Community Center Project. Use of said funds will require action by the City Council prior to use. Mayor Ovalle opened the public hearing @ 6:25 p.m. Mr. Valencia commented that he was concerned about the cost per unit for new homes but understood that it is to help Avenal grow. The public hearing was closed at 6:30 p.m. After a brief discussion, the following action was taken: RESOLUTION 2019-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL DECLARING, ACCEPTING AND APPROVING THE ANNUAL REVIEW AS REQUIRED PERTAINING TO DEVELOPMENT IMPACT FEES, CAPITAL IMPROVEMENT PLAN AND FEE BALANCES, AND FURTHER, MAKING THE FINDINGS TBAT THE FEE AMOUNTS CONTINUE TO BE REASONABLY RELATED TO THE IMPACT OF DEVELOPMENT AND THE PRESCRIBED PUBLIC FACILITIES ARE STILL NEEDED. A motion was made by Mayor Pro Tem Woolley, seconded by Councilman Harvick and carried. Roll Call Vote: AYES: Woolley, Harvick, Preciado, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. OLD BUSINESS: A. None. NEW BUSINESS: A. Consider Out-of- State Travel for City Manager to Attend the 53rd Annual Mid-Pacific Water Users' Conference in Reno, Nevada: Ms. Whitten reported that the City has received information regarding the 53rd Annual Mid-Pacific Water Users' Conference which has been held in various locations over the years but commonly in Denver, Colorado. The 2020 conference will be held in Reno, Nevada at the Silver Legacy on January 22 - 24, 2020. Many years ago, City Staff attended the conference in Denver. However, due to the location and travel costs, Staff has not attended since that time. This conference will be within a reasonable driving distance for the first time in several years. The City Manager is very interested in attending. In reviewing the 3-day schedule, there would be the opportunity to obtain valuable information, as well as a broader view of water issues, including source, groundwater, and drainage. There will be Bureau of Reclamation presentations, information and networking opportunities with others involved in "The Water World"as well as an opportunity to meet with Reclamation personnel to discuss conservation and associated programs. Conference Pre-registration (by January 10, 2020) is $295; after January 10th, the registration cost is $325. Estimated cost to attend would be as follows: Joint Meeting City Council/Successor Agency December 12, 2019 Page 4 of 6 Room reservations: 3-night $332.49 (taxes & parking included) Registration (pre-registration) $295.00 Per Diem 3-days $153.00 Total $780.49 *Request is contingent on availability of General Funds to cover costs. Out-of-state travel requires approval by the City Council. Conference/Training/Travel is a budgeted item in the City Manager's FY 2019/20 Budget. Note: If Council chooses to approve this request, the City Manager would miss the January 23, 2020 City Council Meeting. Dawn Perkins, Director of Administrative Services, would fill in and act on behalf of the City Manager for that meeting. Staff recommends by motion, approval of out-of-state travel for the City Manager to attend the 53rd Annual Mid-Pacific Water Users Conference in Reno, Nevada on January 22 - 24, 2020. After a brief discussion, a motion was made by Councilman Preciado to approve out-of-state travel for the City Manager to attend the 53rd Annual Mid-Pacific Water Users Conference in Reno, Nevada on January 22 - 24, 2020, seconded by Councilman Hernandez and carried. Roll Call Vote: AYES: Preciado, Hernandez, Woolley, Harvick, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. B. Consider Approving Submittal of a Grant Application to the CA Department of Housing and Community Development (HCD) for 2019 HOME Investment Partnership Program Funds: Fernando Santillan, Community Development Director, reported The California Department of Housing and Community Development (HCD) is authorized to allocate HOME Investment Partnerships Program (HOME) funds to be made available from the U.S. Department of Housing and Urban Development (HUD). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in Title 24 of the Code of Federal Regulations, Part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200. On October 31, 2019, the HCD issued a Notice of Funding Availability (NOFA) announcing the availability of funds under the HOME program. Eligible activities include rental projects, first-time homebuyer projects, Owner-occupied Housing Rehabilitation Program, and First-time Homebuyer Assistance Program. Applications are due January 22, 2020. Grant awards are expected to be announced in Spring 2020. Grant funds will pay for the administration and implementation costs for an administrative subcontractor to operate the programs. Self-Help Enterprises charges $3,000 to write the application, which would be paid from Community Development 10.07000.655, and is a budgeted item. Staff recommendation as follows: 1. The Council adopt a resolution approving the submittal of an application to HCD to participate in the 2019 HOME Program for an allocation of funds not to exceed Five Hundred Thousand Dollars ($500,000) for Owner-Occupied Rehabilitation and First-Time Homebuyer Assistance activities within the City of Avenal. 2. If the application for funding is approved, then the City of Avenal hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by HCD as cited above. The City of Avenal may also execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by HCD or HUD for participation in the HOME program (collectively, the required documents). 3. The City authorizes the City Manager or Community Development Director to execute, in the name of the City of Avenal, all required documents and any amendments thereto. Joint Meeting City Council/Successor Agency December 12, 2019 Page 5 of 6 After a brief discussion, the following action was taken. RESOLUTION 2019-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE PROGRAM. A motion was made by Councilman Harvick, seconded by Mayor Pro Tem Woolley and carried. Roll Call Vote: AYES: Harvick, Woolley, Preciado, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. C. Consider Approving Updates to the Guidelines for the Housing Rehabilitation and Homebuyer Acquisition A/O with Rehabilitation Program: Mr. Santillan reported that The State HOME Program recently provided boilerplate guideline templates for both the Housing Rehabilitation & Acquisition Only and Acquisition with Rehabilitation Programs with a variety of options available to the grantee. Overall, there were very few changes in comparison to the City of Avenal's current guidelines. Changes proposed are as follows: Owner-Occupied Rehabilitation Assistance includes financing to income qualified owner-occupied units in need of repairs related to health, safety and/or code improvements:  Grants have been updated to allow the following to be funded with grants: Building permits, school fees, appraisals, property report/title insurance, building plans, termite reports, land surveys, grading plans, recording fees and/or flood insurance. They were previously paid for by Activity Delivery, which further limited funding available for the implementation of the program.  Income limits, maximum after rehab value and subsidy limits were updated to match 2019 limits provided by HUD/HCD.  Increase to the maximum grant limit from $15,000 to $50,000. If approved, the City of Avenal will continue to grant deferred payment loans to very-low and low-income first-time homebuyers in need of gap financing (down payment and closing cost assistance) and owner-occupants in need of housing rehabilitation (correcting safety hazards and code violations). After a brief discussion, the following action was taken. RESOLUTION 2019-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING GUIDELINES FOR THE HOUSING REHABILIATION PROGRAM AND HOMEBUYER ACQUISITION ONLY/ACQUISITION WITH REHABILITATION PROGRAM. A motion was made by Councilman Preciado, seconded by Councilman Harvick, and carried. Roll Call Vote: AYES: Preciado, Harvick, Woolley, Hernandez, Ovalle. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS: Councilman Harvick reported he was pleased with the Study Session regarding Transportation. Alicia Ramirez, Representative from Assemblyman Rudy Salas’ office, reported the following: 1) December 20th Deputy Sheriff Allen Sharra was honored with a Memorial Highway (Hwy. 41 South of Lemoore); 2) December 23rd Toys and Joint Meeting City Council/Successor Agency December 12, 2019 Page 6 of 6 Baskets will be given to needy families that have been invited by letter; 2) Thanked Ms. Whitten and City Staff for helping with events through the year; and, 3) Assemblyman Salas would like to donate trees to the City of Avenal. Councilman Hernandez reported the following: 1) Great Study Session; 2) Food distribution; 3) Attended festivities and thanked all City Staff for all they do in Avenal. He wished everyone a “Merry Christmas and Happy New Year”. Mayor Pro Tem Woolley reported the following: 1) KCAG/KCAPTA. Ken Jorgensen, City Attorney, reported the following: 1) Cities will need to change their business permit applications to require businesses to state, under oath, that they are complying with state stormwater laws; 2) Cities will need to update their water-shut off policies for non-payment in early 2020. The change in law will increase the time to 60 days before a City can shut off a customer’s water service. This change will likely negatively impact the City’s finances; and, 3) Cities will need to file with the State Water Department yearly reports regarding landscape irrigation water-saving plans to be filed with new construction. Melissa Whitten, City Manager, reported the following: 1) Staff will enact ordinance for the Residential/Irrigation Water Conservation Program; 2) thanked Alicia Ramirez, Assemblyman’s Salas office for their support; 3) toured the Oasis Center Wonderful Program; and, 4) City Hall will be closed December 24th/25th, 2019 & January 1, 2020. Mayor Ovalle thanked everyone for coming. ADJOURNMENT. There being no further business, the City Council meeting was adjourned at 6:55 p.m. Respectfully Submitted, Maria Ortiz, City Clerk