David Burkland City Manager. Lori J. Barker City Attorney. John Rucker Assistant City Manager. Ruben Martinez General Services Director

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1 CITY COUNCIL Bob Evans Mary Goloff Scott Gruendl Andy Holcombe Mark Sorensen Jim Walker, Vice-Mayor Ann Schwab, Mayor CHICO CITY COUNCIL AGENDA June 5, 2012 CLOSED SESSION - 6:00 P.M. CITY COUNCIL MEETING - 6:30 P.M. The Council appreciates your cooperation in turning off all cell phones during the meeting. COPIES OF THIS AGENDA AVAILABLE FOR REVIEW IN THE: City Clerk s Office 411 Main Street Chico, CA POSTED: 5/30/12 City Staff David Burkland City Manager Lori J. Barker City Attorney John Rucker Assistant City Manager POSTING LOCATION: 421 Main Street PRIOR TO: 5:00 p.m. Phone: (530) AGENDA PACKET AVAILABLE ONLINE: Note: Pursuant to Government Code Effective 7/1/08 Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the City Clerk s Office at the Municipal Center located at 411 Main Street from 8:00 a.m. to 5:00 p.m. Ruben Martinez General Services Director Deborah Presson City Clerk Kirk Trostle Interim Chief of Police Jim Beery Fire Chief City Staff Jennifer Hennessy Finance Director Tom Z. Varga Capital Project Svcs. Director Sherry Morgado Housing & Neighborhood Svcs. Director Mark Wolfe Planning Services Director Fritz McKinley Building & Development Svcs. Director Teresa Campbell Human Resources & Risk Mgmt. Director C h safe plac. a e to o.. r f i o live c ais e a a mily, an i d e a l o tion f r ca o l bu s i n e ss a and pr m e i er pl ace t!

2 The Chico City Council welcomes you to this meeting and invites you to participate in matters before the Council. PUBLIC PARTICIPATION: All members of the public may address Council on any item listed on the agenda. All members of the public may address Council on non-agenda items from Business from the Floor. Each speaker will be asked to complete a speaker card and turn it in to the City Clerk prior to the conclusion of the staff presentation and will state his/her name at the podium before speaking. Persons demonstrating rude, boisterous or profane behavior will be called to order by the Mayor. If such conduct continues, the Mayor may call a recess, requesting the removal of such person(s) from the Council Chamber, adjourn the meeting or take some other appropriate action. TIME LIMIT: Three minute time limit for each speaker unless Council specifies a different time limit based on the time allotted for the item and the number of speakers. Speakers may address Council only one time on each agenda item after turning in a Speaker Card to the City Clerk. A speaker may not defer his/her time to other speakers. Groups or organizations are encouraged to select a spokesperson to speak on their behalf. Each subsequent speaker is encouraged to submit new information, and rather than repeating comments made by prior speakers to simply indicate their agreement with a prior speaker s comments. WRITTEN MATERIAL: Council is unable to read written materials presented at the meeting. If any person intends to appear before the Council and provide written material, it should be delivered to the City Clerk s office 8 days in advance of the meeting (sooner if there are holidays prior to the meeting) in order that copies may be included with the agenda and to give Council an opportunity to review the material in advance. AMERICAN DISABILITIES ACT: Please contact the City Clerk at should you require an agenda in an alternative format or if you need to request a disability-related modification or accommodation in order to participate in a meeting. This request should be received at least three working days prior to the meeting in order to accommodate your request. Anyone who has difficulty hearing the proceedings of a meeting may be provided with a portable listening device by requesting one from the City Clerk. Information and Procedures Concerning Conduct of City Council Meetings The Chico City Council encourages citizens to participate in the development of city policies and the implementation of City programs. The Council and staff shall work to preserve appropriate order and decorum during all City meetings. SPECIAL PRESENTATIONS: Special presentations which include slides, films, etc. during the course of a meeting will only be allowed with prior approval of the Mayor. BUSINESS FROM THE FLOOR: A member of the general public may address the Council on any matter not appearing on the agenda that is of interest to such person and is within the jurisdiction of the Council. No action can be taken by Council on any items brought forward at this time. Council may request this item to be brought back at a subsequent meeting. AGENDA COPIES Available at the meeting. May be mailed to an individual at an annual cost set forth in the City s Fee Schedule. May be picked up in advance in the City Clerk s Office without charge. CLOSED SESSION: A description of the items, if any, to be discussed in closed session are always listed on the agenda. Any action taken during this time will be announced when the Council reconvenes to open session. COPIES OF AGENDA ITEMS: Available for public inspection in the City Clerk s Office prior to a meeting. Copies may be obtained after payment of applicable copy fees. USE OF CELL PHONES DURING MEETINGS: The Council appreciates your cooperation in turning off all cell phones ITEMS NOT APPEARING ON POSTED AGENDA This agenda was posted on the Council Chamber Building Bulletin Board at least 72 hours in advance of this meeting. In order for the Council to take action on an item not appearing on the posted agenda, other than merely acknowledging receipt of correspondence or other information, the Council must make one of the following determinations: 1. Determine by a majority vote that an emergency exists as defined in Government Code Sec Determine by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council is present, that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. 3. Determine that the item appeared on a posted agenda for a meeting occurring not more than 5 calendar days prior to this meeting, and the item was continued to this meeting.

3 REGULAR CHICO CITY COUNCIL MEETING June 5, 2012 Chico Municipal Center, Council Chamber, 421 Main Street 1.1. REGULAR CITY COUNCIL M EETING - 6:30 p.m Call to Order - 6:30 p.m. in the Council Chamber, 421 Main Street 1.3. Flag Salute 1.4. Roll Call 1.5. Mom ent of Silence - Ed McLaughlin 1.6. Invocation - Pastor Jim Peck, Congregational Church of Chico 1.7. Mayor s Youth Awards 1.8. Cham ber Business Spotlight Presentation - Chico Natural Foods 2. CONSENT AGENDA 2.1 ADOPTION OF A RESOLUTION CALLING A GENERAL M UNICIPAL ELECTION ON NOVEM BER 6, 2012, FOR THE PURPOSE OF ELECTING FOUR MEMBERS TO THE CITY COUNCIL AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION Adopt a resolution calling for a general municipal election to be held on November 6, 2012, for the purpose of electing four m em bers to the City Council and requesting the County Elections Office to consolidate the City of Chico election with the statewide general election. The City Clerk recom m ends adoption of the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO CALLING A GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 2012, FOR THE PURPOSE OF ELECTING FOUR MEMBERS TO THE CITY COUNCIL AND REQUESTING CONSOLIDATION OF THAT ELECTION W ITH THE STATEW IDE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 TH 2.2. M INUTE ORDER AUTHORIZATION TO AM END THE HABITAT FOR HUM ANITY 19 STREET COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT BY REPLACING THE CDBG FUNDING SOURCE WITH A FEDERAL HOME LOAN BANK AHEAD GRANT Approve- Minute Order authorization for the City Manager to am end the Habitat for Humanity 19 th Street CDBG Grant Agreem ent by replacing the CDBG funding source with a Federal Home Loan Bank Access to Housing and Economic Assistance for Developm ent (AHEAD) Grant. This change will allow the City to com ply with the AHEAD grant requirem ents that require the AHEAD grant to be fully expended by September 17, The CDBG funds originally allocated to the Habitat for Humanity 19 th Street project will be allocated to the Lease Guarantee Program, consistent with the Annual HUD Plan adopted by the City Council on 5/15/12. The Housing and Neighborhood Services Director recommends approval of the following minute order: AUTHORIZATION FOR THE CITY MANAGER TO AMEND THE HABITAT FOR HUMANITY 19 TH STREET CDBG GRANT AGREEMENT BY REPLACING THE CDBG FUNDING SOURCE WITH A FEDERAL HOME LOAN BANK AHEAD GRANT. June 5, 2012 Page 1 of 4

4 2.3. MINUTE ORDER AUTHORIZATION TO AMEND THE NORTH POINT APARTMENTS HOME LOAN AGREEM ENT Approve- Minute Order authorization for the City Manager to am end the North Point Apartm ents HOME loan agreem ent to extend the loan term from thirty to fifty-five years, and permit assignment of the HOME loan agreem ent, regulatory agreem ent and deed of trust to a lim ited partnership with Com m unity Action Agency of Butte County as a general partner. The extension of the loan term will m aintain consistency between the Low and Moderate Incom e Housing Fund loan term and the HOME loan term for the project. The assignment of the HOME loan agreement will facilitate tax credit investor equity in the project. The Housing and Neighborhood Services Director recommends approval of the following minute order: AUTHORIZATION FOR THE CITY MANAGER TO AMEND THE NORTH POINT APARTMENTS HOME LOAN AGREEMENT TO EXTEND THE LOAN TERM FROM THIRTY TO FIFTY-FIVE YEARS, AND PERMIT ASSIGNMENT OF THE HOME LOAN AGREEMENT, REGULATORY AGREEMENT AND DEED OF TRUST TO A LIMITED PARTNERSHIP WITH COMMUNITY ACTION AGENCY OF BUTTE COUNTY AS A GENERAL PARTNER 2.4. ADOPTION OF RESOLUTIONS PERTAINING TO A BALLOT M EASURE REGARDING POLITICAL SPEECH BY CORPORATIONS At its m eeting of 5/15/12, the Council directed the City Attorney to prepare a ballot measure pertaining to the desire for a constitutional am endm ent lim iting corporation s rights to political free speech and the expenditure of m oney by corporations to support or oppose political cam paigns. Should Council adopt the resolution for the submission of the ballot measure to the voters at the November 6, 2012 General Municipal Election, Council has also been provided with a resolution that authorizes m em bers of Council to write the argum ents for and against. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO CALLING A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, TO CONSIDER A RESOLUTION SUPPORTING A CONSTITUTIONAL AMENDMENT STATING THAT CORPORATIONS ARE NOT ENTITLED TO A CONSTITUTIONAL RIGHT TO POLITICAL FREE SPEECH RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING THE FILING OF W RITTEN BALLOT ARGUMENTS REGARDING A CITY MEASURE 3. PUBLIC HEARINGS 4. REGULAR AGENDA 4.1. ACCEPTANCE OF THE GENERAL PLAN ANNUAL REPORT AND SUSTAINABILITY INDICATORS REPORT As required by State law, a report summarizing implementation of Chico s General Plan has been prepared. The Annual Report includes trends in population, developm ent activity, land availability, longrange planning, housing, and a status on im plem enting General Plan Actions. In addition to the Annual Report, a Sustainability Indicators Report has been prepared to gauge progress in advancing the General Plan s sustainability-related policies and goals. The City Council will consider the reports as informational and provide comments. No action is to be taken. The reports will be forwarded to the California Office of Planning and Research consistent with state regulations. (Report- Brendan Vieg, Principal Planner) Recommendation: The Planning Services Director recom m ends that Council accept the reports as information items, direct any questions to staff, and provide comments. June 5, 2012 Page 2 of 4

5 4.2. AUTHORIZATION TO SUBM IT LETTER TO HUD REGARDING VOLUNTARY HOME GRANT REDUCTION IN LIEU OF REPAYM ENT In 2006, the City executed a HOME grant agreement with Habitat for Humanity of Butte County which provided the funds for Habitat to purchase three lots on Mulberry Street in the Chapm an-mulberry neighborhood for a self-help single family housing project. Although these lots are in the unincorporated County area, they are surrounded by the City, and the City s annexation process includes this area. However, the lots have not been developed, as annexation has not yet occurred, and LAFCO is currently requiring annexation as a condition of City sewer services. Due to developm ent tim eline restrictions in the HOME regulations, this has placed the City in the position of having to repay the HOME grant funds to the Department of Housing & Urban Development through a voluntary grant reduction in future years. (Report Sherry Morgado, Housing & Neighborhood Services Director) Recommendation: The Housing & Neighborhood Services Director recom m ends that the City Council authorize the Mayor to submit a letter to the Department of Housing & Urban Development (HUD) regarding the City s acceptance of offer to voluntary reduce future years HOME grants in lieu of repayment CONSIDERATION OF COUNCILM EM BER GRUENDL S REQUEST TO AGENDIZE THE DISCUSSION OF RESTRUCTURING THE CITY CLERK S REPORTING STRUCTURE By letter dated 5/24/12, Councilm em ber Gruendl has requested that Council consider the possible restructuring of the City Clerk position to report directly to the City Council as originally set forth when the City incorporated in If approved by the Council, this request would require a Charter Amendment to be prepared for the November 6, 2012 election. Council Action Required - Pursuant to Council Policy AP&P A. Presentation by Councilm em ber Gruendl regarding his request; B. Receive public input on whether the item should be heard or not; C. Vote on whether to agendize the request (yes or no); and D. If the vote on the request to agendize is yes, determine whether to hear the item at this meeting, or schedule it for a future meeting CONSIDERATION OF COUNCIL REQUEST FOR A BUDGET UPDATE At its meeting of 5/15/12, the City Council requested that the City Manager provide a brief overview of the budget and the circum stances that led to cost reduction measures for all departments which resulted in the tem porary restructuring of the Police and Fire Departm ents. A verbal update will be provided at this meeting STANDING ITEM - UPDATE OF RDA DISSOLUTION PROCESS Council will receive an update from staff regarding any new developm ents regarding the RDA dissolution process. Council m ay provide direction to staff, as needed. (Verbal Report - Shawn Tillman, Senior Planner) 4.6. ITEMS ADDED AFTER THE POSTING OF THE AGENDA 5. BUSINESS FROM THE FLOOR- Members of the public may address the Council at this time on any matter not already listed on the agenda, with comments being limited to three minutes. The Council cannot take any action at this meeting on requests made under this section of the agenda. 6. ADJOURNM ENT Adjourn to an adjourned regularly scheduled City Council m eeting on June 19, 2012 beginning at 8:30 a.m. for an all day budget study session in the City Council Chamber. June 5, 2012 Page 3 of 4

6 REGULAR CHICO CITY COUNCIL MEETING June 5, 2012 CLOSED SESSION M EETING Chico Municipal Center, Conference Room #2, 421 Main Street 6:00 p.m. - Regular Closed Session 1. CALL TO ORDER 1.1. Roll Call 1.2. Staff Present 2. CLOSED SESSION M ATTERS 2.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code (c): Two cases. 3. ADJOURNMENT - Adjourn to the June 5, 2012 Regular City Council meeting in the Council Chamber. June 5, 2012 Page 4 of 4

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