The Council appreciates your cooperation in turning off cell phones during the meeting! CITY OF CHICO CITY COUNCIL AGENDA T u e s d a y, N o v e m b e r 2 1, 2 0 1 7 CITY COUNCIL MEETING 6:00 P.M. CITY COUNCIL Andrew Coolidge Karl Ory Ann Schwab Mark Sorensen Randall Stone Reanette Fillmer, Vice Mayor Sean Morgan, Mayor COUNCIL APPOINTEES Mark Orme City Manager Vincent C. Ewing City Attorney Deborah R. Presson City Clerk DEPARTMENT HEADS COPIES OF THIS AGENDA PACKET AVAILABLE FOR REVIEW IN THE: CITY CLERK S OFFICE 411 Main Street Chico, CA 95928 OR ON THE WEB AT: www.ci.chico.ca.us Posted on: 11/16/17 Posting Location: 421 Main St. Prior to: 6:00 p.m. Note: Pursuant to Government Code 54957.5 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 St. from 8 a.m. to 5:00 p.m. Chris Constantin Assistant City Manager Leo DePaola Community Dev. Director Scott Dowell Administrative Services Dir. Erik Gustafson Public Works Dir. Operations Aaron Lowe Interim Fire Chief Michael O Brien Chief of Police Brendan Ottoboni Public Works Dir. Engineering
ADJOURNED REGULAR CHICO CITY COUNCIL MEETING NOVEMBER 21, 2017 Chico Municipal Center, Council Chamber, 421 Main Street 1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 1.2. Call to Order - 6:00 p.m. in the Council Chamber, 421 Main Street 1.3. Invocation Rev. Bryan Plude, Unitarian Universalist Fellowship 1.4. Pledge of Allegiance to the Flag 1.5. Roll Call 2. CONSENT AGENDA Public comment, if any, will be taken before the approval of the Consent Agenda. 2.1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO REAUTHORIZING CHICO MUNICIPAL CODE CHAPTER 5.13, FRANCHISES DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006, AND ADDING SECTION 5.13.070 ENTITLED REAUTHORIZATION Final reading and adoption At its meeting of 11/07/17, the City Council voted (6-1) to introduce an ordinance reauthorizing the public, educational and governmental (PEG) support fee of one percent (1%) of gross revenues of state video franchisees operating within the City of Chico which was originally established in 2007 and which is codified in Chico Municipal Code Title 5, Chapter 5.13, Section 5,13.050. The ordinance also adds section 5.13.070 entitled Reauthorization to include automatic reauthorization of the PEG support fee upon future expiration and reissuance of a state video franchise certificate. (Chris Constantin, Assistant City Manager) 2.2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 15 OF THE CHICO MUNICIPAL CODE REGARDING WATER AND SEWERS BY ADDING SECTION 15.36.236 REIMBURSEMENT FOR COST OF INSTALLING SEWER LATERALS - Final reading and adoption Currently, the CMC allows for reimbursement agreements for the costs of a sewer main to be prepared but not for a sewer lateral. The proposed change to the CMC would update the code to allow for a reimbursement agreement for a sewer lateral. (Brendan Ottoboni, Public Works Director - Engineering) 2.3. APPROVAL OF COUNCIL MEETING MINUTES OF 10/17/17 & 11/7/17 2.4. ITEMS REMOVED FROM CONSENT 3. PUBLIC HEARINGS - None 4. REGULAR AGENDA 4.1. TAX ADVANTAGED BONDS POST-ISSUANCE COMPLIANCE PROCEDURES The City and its related entities (such as the Successor Agency to the Chico Redevelopment Agency and the Chico Public Financing Authority) have issued bonds from time to time, including tax-exempt bonds (i.e., the interest on which is exempt from federal income tax). In connection with tax-exempt bonds, an issuer must comply with federal tax law requirements. In recent years, the United States Internal Revenue Service has focused on the importance of an issuer s adoption of written procedures to monitor postissuance compliance. Staff recommends the adoption of the attached Resolution to formally establish a set of such written procedures. This is a necessary step in connection with the pending Successor Agency bond refunding. (Report - Scott Dowell, Administrative Services Director) (Continued on next page) November 21, 2017 Agenda Page 3 of 5
Recommendation: The Administrative Services Director recommends adoption of the following resolution: RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING TAX-ADVANTAGED BONDS POST-ISSUANCE COMPLIANCE PROCEDURES 4.2. ISSUANCE AND SALE OF TAX ALLOCATION REFUNDING BONDS The City Council will be acting in its capacity as the Governing Board of the Successor Agency on this item. The Successor Agency Governing Board and the Oversight Board adopted resolutions in June 2017 to authorize the Successor Agency s issuance of refunding bonds. The Oversight Board Resolution was subject to review by the State Department of Finance (the DOF ). Staff received the DOF s approval letter on September 21, 2017. By adopting the attached Resolution, the Board will authorize Staff to finalize the terms of the sale, and also authorize the execution and delivery of the Placement Agent Agreement, an acceptance to the Term Sheets and other documents necessary to complete the bond sale. (Report - Scott Dowell, Administrative Services Director) Recommendation: The Administrative Services Director recommends adoption of the following resolution: RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE CHICO REDEVELOPMENT AGENCY AUTHORIZING EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT, A PLACEMENT AGENT AGREEMENT AND OTHER DOCUMENTS IN CONNECTION WITH THE SUCCESSOR AGENCY S ISSUANCE AND SALE OF TAX ALLOCATION REFUNDING BONDS AND TAKING RELATED ACTIONS 4.3. CONSIDERATION OF APPOINTMENT TO BUTTE COUNTY VECTOR CONTROL BOARD At its meeting of 12/17/13, the Council appointed Dr. Larry Kirk to serve a four year term as the City s representative on the Butte County Mosquito and Vector Control District (BCMVCD). This four year term will expire at the end of December. The term of appointment for this position can be for either a two-year or four-year term. By letter dated 10/12/17, the Council was notified that the four-year appointment of Dr. Larry Kirk would be expiring. Should the Council wish to reappoint Dr. Kirk, he has expressed his willingness and desire to serve again. Should the Council choose not to reappoint but would rather have staff conduct a recruitment, the appointment of this position would occur at the second meeting in January 2018. (Report Deborah R. Presson, City Clerk) Recommendation: The City Clerk recommends that the Council reappoint Dr. Larry Kirk for either a two or four year term. If the Council chooses to not reappoint, a recruitment will be held with the appointment to be made at the second meeting in January 2018. 4.4. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY- BLACKBIRD (1431 PARK AVENUE, CHICO, CA 95928 APN 005-177-009) The Police Department recommends a determination of public convenience or necessity for Blackbird, a bookstore and art gallery with a small café. The Department of Alcoholic Beverage Control (ABC) has determined that Blackbird has applied for a Type 40 on-sale beer ABC license located at 1431 Park Avenue is in an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Sections 23958.4, the requested Type 40 license requires a City Council determination that public convenience or necessity would be served by its issuance. (Report Michael O Brien, Chief of Police) Recommendation: The Chief of Police recommends approval. 4.5. ITEMS ADDED AFTER THE POSTING OF THE AGENDA November 21, 2017 Agenda Page 4 of 5
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. REPORTS AND COMMUNICATIONS - The following reports and communication items are provided for the Council s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda. 6.1. CITY MANAGER S REPORT - Verbal Report, City Manager Orme 6.2. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, a majority vote of Council is needed in order to agendize this item for discussion at a future meeting. Public input will be taken at that time. Councilmember Sorensen has submitted a request to agendize a discussion in regards to placing on the November 2018 ballot a proposal to amend the City Charter limiting the number of Councilmember terms to three terms in office. 6.3. SUNSHINING OF NEGOTIATION PROPOSALS LOCAL 39 Under the terms of the Council s request to sunshine Union Proposals, Council is provided the initial proposals from the Local 39 Wastewater Treatment Plant (L39). Additionally, Council is provided with the City s initial/counter proposals for the L39. Once negotiations conclude, the final draft agreements will be brought back to Council for action in open session (Jamie Cannon, Human Resources & Risk Manager) 7. CLOSED SESSION - Council will recess to Closed Session in Conference Room 2. 7.1. PUBLIC COMMENT OR COUNCIL DISQUALIFICATIONS 7.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code 54956.8) Property: Portion of W. Sacramento Avenue right-of-way adjacent to APN 043-210-045 Agency Negotiator: Mark Orme, City Manager Negotiating Parties: Adjacent property owner, Stofa and Aguilar Partnership, a California general partnership Under Negotiation: Proposal for purchase of 1,229 sq. ft. of land 7.3. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiators: Mark Orme, City Manager, and Jamie Cannon, Human Resources Manager Employee Organizations: International Association of Fire Fighters 7.5. CLOSED SESSION ITEMS ADDED AFTER POSTING OF THE AGENDA 7.6. RECONVENE TO CITY COUNCIL MEETING 7.7. CLOSED SESSION ANNOUNCEMENT 8. ADJOURNMENT - Adjourn to the Regular City Council meeting on December 5, 2017, at 6:00 p.m. in the City Council Chamber. November 21, 2017 Agenda Page 5 of 5