CHICOCITY COUNCIL

AGENDA

The Council appreciates your cooperation in turning off all cell phones during the meeting.

CITY COUNCILBob EvansMary GoloffScott GruendlAndy HolcombeMark SorensenJim Walker, Vice-MayorAnn Schwab, Mayor

www.ci.chico.ca.us

COPIES OF THIS AGENDAAVAILABLE FOR REVIEWIN THE:

City Clerk’s Office411 Main StreetChico, CA 95928

Phone: (530) 896-7250

AGENDA PACKETAVAILABLE ONLINE:

November 15, 2011

CLOSED SESSION - 6:00 P.M.CITY COUNCIL MEETING - 6:30 P.M.

POSTED:11/9/11

POSTING LOCATION:421 Main Street

PRIOR TO:5:00 p.m.

Note: Pursuant to GovernmentCode 54957.5 - Effective 7/1/08Documents produced and distrib-uted less than 72 hours prior to orduring an open session of a regu-lar meeting to a majority of thelegislative body regarding anyitem on the agenda will be madeavailable for public inspection atthe meeting and at the CityClerk’s Office at the MunicipalCenter located at 411 Main Streetfrom 8:00 a.m. to 5:00 p.m.

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City Staff

Jennifer HennessyFinance Director

Tom Z. VargaCapital Project Svcs. Director

Sherry MorgadoHousing & Neighborhood Svcs. Director

Mark WolfePlanning Services Director

Fritz McKinleyBuilding & Development Svcs. Director

Teresa CampbellHuman Resources & Risk Mgmt. Director

David BurklandCity Manager

Lori J. BarkerCity Attorney

John RuckerAssistant City Manager

Ruben MartinezGeneral Services Director

Deborah PressonCity Clerk

Mike MaloneyChief of Police

Jim BeeryFire Chief

City Staff

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 presentationand will state his/her name at the podium before speaking.

• Persons demonstrating rude, boisterous or profane behavior willbe called to order by the Mayor. If suchconduct continues, the Mayor may call a re-cess, requesting the removal of suchperson(s) from the Council Chamber, adjournthe meeting or take some other appropriateaction.

TIME LIMIT:• Three minute time limit for each speaker un-

less Council specifies a different time limit basedon the time allotted for the item and the num-ber of speakers.

• Speakers may address Council only one timeon each agenda item after turning in aSpeaker Card to the City Clerk.

• A speaker may not defer his/her time to otherspeakers.

• Groups or organizations are encouraged toselect a spokesperson to speak on their be-half. Each subsequent speaker is encour-aged to submit new information, and ratherthan repeating comments made by priorspeakers to simply indicate their agreement with a prior speaker’scomments.

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.

WRITTEN MATERIAL:• Council is unable to read written materials presented at the meet-

ing. If any person intends to appear before the Council andprovide written material, it should be delivered to the City Clerk’soffice 8 days in advance of the meeting (sooner if there are holi-days prior to the meeting) in order that copies may be includedwith the agenda and to give Council an opportunity to review thematerial in advance.

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 personand is within the jurisdiction of the Council.

• No action can be taken by Council on any items brought forward atthis time. Council may request this item to be broughtback at a subsequent meeting.

The Chico City Council welcomes you to this meeting and invites you to participate in matters before the Council.

Information and ProceduresConcerning Conduct of City Council Meetings

ITEMS NOT APPEARING ON POSTED AGENDA This agenda wasposted on the Council Chamber Building Bulletin Board at least 72 hoursin advance of this meeting. In order for the Council to take action on anitem not appearing on the posted agenda, other than merely acknowledg-ing receipt of correspondence or other information, the Council must makeone of the following determinations:

AMERICAN DISABILITIES ACT:• Please contact the City Clerk at 896-7250 should you

require an agenda in an alternative format or if youneed to request a disability-related modification or accommodationin order to participate in a meeting. This request should be re-ceived at least three working days prior to the meeting in order toaccommodate your request.

• Anyone who has difficulty hearing the proceedings of a meetingmay be provided with a portable listening device by requestingone from the City Clerk.

The Chico City Council en-courages citizens to partici-pate in the development ofcity policies and the imple-mentation of City programs.

The Council and staff shallwork to preserve appropriateorder and decorum during allCity meetings.

USE OF CELL PHONES DURING MEETINGS:• The Council appreciates your cooperation in turning off all cell phones

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.

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 ap-

plicable copy fees.

1. Determine by a majority vote that an emergency exists as de-fined in Government Code Sec. 54956.5.

2. Determine by a two-thirds vote, or by a unanimous vote if lessthan two-thirds of the Council is present, that there is a need totake immediate action and that the need for action came to theattention of the City subsequent to the agenda being posted.

3. Determine that the item appeared on a posted agenda for ameeting occurring not more than 5 calendar days prior to thismeeting, and the item was continued to this meeting.

CLOSED SESSION:• A description of the items, if any, to

be discussed in closed session arealways listed on the agenda. Anyaction taken during this time will beannounced when the Council recon-venes to open session.

ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - November 15, 2011

Chico Municipal Center, Council Chamber, 421 Main Street

1.1. REGULAR CITY COUNCIL MEETING - 6:30 p.m.

1.2. Call to Order - 6:30 p.m. in the Council Chamber, 421 Main Street

1.3. Flag Salute

1.4. Invocation – Bruce Finch, First Church of Christ, Scientist

1.5. Roll Call

1.6. Presentations

- Mayor’s Award - Dave Dominguez, Chico Police Department - Retiring after 23 Years of Service

- PG& E Rebate - Ruben Martinez, General Services Director

2. CONSENT AGENDA – All matters listed under the Consent Agenda are to be considered routine and

enacted by one motion.

2.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS TO

ANNEX PROPERTY NOW LOCATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY

OF BUTTE TO THE INCORPORATED TERRITORY OF THE CITY OF CHICO: HUMBOLDT ROAD

ANNEXATION DISTRICT NO. 19 (APN 002-050-260)

Adopt - a resolution that initiates proceedings to annex property located in the unincorporated territory

of the County of Butte to the incorporated territory of the City of Chico. The Planning Services

Director recommends adoption of the resolution.

2.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING THE SUBMITTAL

OF AN APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND

PROGRAM FOR THE IRON CANYON FISH LADDER REHABILITATION PROJECT.

Adopt - a resolution authorizing the submittal of a grant application requesting $290,000 from the

California Habitat Conservation Fund (HCF) Program for the Iron Canyon Fish Ladder Rehabilitation

Project in Upper Bidwell Park. The General Services Director recommends adoption of the

resolution.

2.3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE APPLICATION

AND CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT HISTORIC

PRESERVATION PROGRAM

A primary goal of the City of Chico's on-going historic preservation program is to be approved as a

Certified Local Government (CLG) by the State Historic Preservation Officer (SHPO). One of the CLG

requirements is for the City Council to adopt a resolution authorizing staff to submit a CLG application.

The Planning Services Director recommends adoption of the resolution.

2.4. APPROVAL OF CITY COUNCIL MINUTES

Approve – minutes of the City Council meeting held on 11/01/11.

ITEMS REMOVED FROM CONSENT

NOTICED PUBLIC HEARINGS - None

November 15, 2011 Page 1 of 3

4. REGULAR AGENDA

4.1. CONSIDERATION OF RECOMMENDATION FROM ARTS COMMISSION TO ACCEPT THE

DONATION OF A SCULPTURE IN MEMORY OF GENERAL VANG PAO AND SELECTION OF

LOCATION

At its October 12, 2011 meeting, the Arts Commission recommended (7-0) acceptance of the donation

of a sculpture in memory of Hmong Leader General Vang Pao and recommended, in order of

preference, three locations adjacent to the Council Chamber Building. Because the value of the

donation is greater than $20,000, the City Manager is required to obtain Council approval prior to

acceptance. Direction is also being requested regarding the location of the artwork. (Report - John

Rucker, Assistant City Manager)

Recommendation: The Assistant City Manager recommends that Council: (1) accept the donation of

artwork; and (2) determine final location.

4.2. CONSIDERATION OF APPROVAL OF ANIMAL SHELTER POSITIONS AND BUDGET FOR FY2011-

12

Upon mutual agreement by both the City and the Humane Society in June 2011, a contract was signed

that would return operation of the animal shelter to the City effective February 1, 2012, with the Police

Department assuming responsibility for providing the service. A plan to operate the shelter for the

remainder of FY 2011-12 requires adoption of position allocations, new job descriptions, salary levels

and an operating budget. (Report - Mike Maloney, Chief of Police)

Recommendation: The Chief of Police recommends Council approval of: (1) new job descriptions,

allocations of positions and salaries; (2) shelter budget for the remainder of FY2011-12; and (3)

authorize the City Manager to execute all employee agreements pertaining to the shelter.

4.3 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. REPORTS AND COMMUNICATIONS - This following information is provided for the Council’s

information. No action can be taken on this item unless the Council agrees to include it on a

subsequent posted agenda.

Letter received from Chief of Police Mike Maloney requesting that the City Council or one of its sub-

committees agendize and consider revisions to the Chico Noise Ordinance based upon the

recommendations from the Chico Police Department and input received from citizens. (Chief of Police

Maloney)

6. ADJOURNMENT

Adjourn to an adjourned regular meeting on December 6, 2011 at 5:30 or 6:00 p.m., if a Closed Session

is held, followed by a regular City Council meeting at 6:30 p.m. in the City Council Chamber.

November 15, 2011 Page 2 of 3

ADJOURNED REGULAR CHICO CITY COUNCIL MEETING — November 15, 2011

CLOSED SESSION MEETING

Chico Municipal Center, Conference Room #2, 421 Main Street

6:00 p.m. - Adjourned Regular Closed Session

1. CALL TO ORDER

1.1. Roll Call

1.2. Staff Present

2. CLOSED SESSION MATTERS

2.1. CONFERENCE WITH LABOR NEGOTIATOR

(Gov. Code Sec. 54957.6.)

Negotiator: Dave Burkland, City Manager and Teresa Campbell, Director of Human Resources

Employee Organization: Water Pollution Employees Association (W PEA)

3. ADJOURNMENT

Adjourn to a City Council meeting in the Council Chamber.

November 15, 2011 Page 3 of 3