CHICOCITY COUNCIL

AGENDA

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

CITY COUNCILSean MorganTami RitterAnn SchwabMark SorensenRandall StoneScott Gruendl, Vice-MayorMary Goloff, 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:

February 19, 2013

CLOSED SESSION - 5:30 P.M.CITY COUNCIL MEETING - 6:30 P.M.

POSTED:2/13/13

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.

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

Brian S. NakamuraCity Manager

Lori J. BarkerCity Attorney

Ruben MartinezGeneral Services Director

Deborah PressonCity Clerk

Kirk TrostleChief of Police

Jim BeeryFire Chief

City Staff

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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.

REGULAR CHICO CITY COUNCIL MEETING – February 19, 2013

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. Invocation - Pastor Scott Dowell, Sonrise Christian Center

1.4. Pledge of Allegiance to the Flag

1.5. Roll Call

1.6. Closed Session Announcement

1.7. Proclamations and Awards

A. Wells in Africa Proclamation and Student RecognitionB. Afripeace Proclamation and Student RecognitionC. 75 Anniversary of the death of Officer Carleton Bruce, killed in the line of dutyth

D. Recognition of Outgoing Board and Commission Members

2. CONSENT AGENDA - All matters listed under the Consent Agenda are to be considered routine andenacted by one motion.

2.1. CONSIDERATION OF AN APPLICATION FROM JULIE SHAW FOR THE VOLUNTARYHERITAGE TREE PROGRAM

Approve - The Bidwell Park and Playground Commission's recommendation to designate a publicstreet tree located at 1641 Mulberry Street as a City of Chico Heritage Tree.

2.2. ACCEPTANCE OF A DONATION OF AN AUTOMATED LICENSE PLATE READER FROM THECHICO POLICE DEPARTMENT BUSINESS SUPPORT TEAM

Accept - The Chico Police Department Business Support Team is requesting authorization for theChico Police Department to accept a donation of an Automated License Plate Reader. This tool willenable the department to increase the odds of detecting vehicles associated with crime. The donation includes one Automated License Plate Reader to include the cameras, hardware, software, mounting,installation, licensing, and on-site training for the first year, and an additional two year warranty to bedonated by the Chico Police Department Business Support Team in accordance with Budget PolicyG.4., Donations, Legacies or Bequests. (The Police Chief recommends acceptance of the donation)

ITEMS REMOVED FROM CONSENT

3. PUBLIC HEARINGS - None

4. REGULAR AGENDA

4.1. CONSIDERATION OF A COMPREHENSIVE SMOKING BAN IN CITY PARKS, GREENWAYS,PRESERVES, AND OPEN SPACE AREAS

At its meeting of 8/21/12, the City Council directed the Bidwell Park and Playground Commission(BPPC) to develop a recommendation on prohibiting smoking in all City parks, with the possibleexception of the Bidwell Park Municipal Golf Course, and to establish clear rules on smoking in vehiclesin the parks. At its meeting of 12/17/12, the BPPC voted (3-2-2, Craig and Mikles voting against,Emmerich and Moravec absent) to forward a recommendation to Council for a comprehensive smokingban in city parks, greenways, open spaces and preserves, to include Bidwell Municipal Golf Course andsmoking in vehicles in city parks. (Report - Dan Efseaff, Parks and Natural Resources Manager)

February 19, 2013 Page 1 of 4

BPPC Recommendation: Council acceptance of the implementation of a comprehensive smoking banin all City parks, greenways, preserves, and open space areas.

4.2. CONSIDERATION OF THE ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION OFA LEASE AGREEMENT

Consideration of a minute order which authorizes the City Manager to negotiate and enter into leasea agreement with Innovate North State, as recommended by the Economic Development Committee(3-0) at its meeting of January 23, 2013. (Report - Brian S. Nakamura, City Manager )

Recommendation: The Economic Development Committee and the City Manager recommendapproval of the following minute order:

MINUTE ORDER AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND ENTER INTOA LEASE AGREEMENT WITH INNOVATE NORTH STATE FOR OCCUPANCY, IMPROVEMENT ANDUSE OF A PORTION OF THE FIRST FLOOR OF THE CHICO MUNICIPAL CENTER AS ANINNOVATION AND COMMERCIALIZATION CENTER

4.3. CONSIDERATION OF PROPOSED CITY REORGANIZATION AND AMENDED SALARY TABLE

At its meeting of 1/29/13 (the second of two Goal Setting Work Shops), the Council was provided witha proposed organizational structure, that if implemented, would begin the process of rightsizing theorganization. The proposal consisted of consolidating ten (10) departments into five (5), AdministrativeServices, Community Development, Public Works, Police and Fire. With the core goals and objectivesof the City Council established for 2013 and beyond as Public Safety and Housing, Finance, EconomicDevelopment, Transportation/Environment and Technology. Staff recommends that a sixth departmentbe added, the Department of Community Enhancement, which will enable staff to provide morecomprehensive, effective and efficient services to our citizens and business owners. (Report - BrianNakamura, City Manager)

Recommendation: That the City Council direct the City Attorney to:1. Prepare amendments to the Chico Municipal Code to provide for the Department of Administrative

Services, Community Development, Community Enhancement and Public Works, effectivelyeliminating and/or restructuring the Departments of Finance, Human Resources, and RiskManagement, Planning Services, Building and Development Services and InformationTechnologies, as described in this memorandum; and

2. Prepare other amendments to the Chico Municipal Code, including amendments to the City’s

Conflict of Interest Code, as necessary to implement the reorganization as described in thismemorandum; and

3. Prepare any necessary amendments to Resolution No. 03-122 (the Management Employees’ Pay

and Benefit Resolution to reflect changes in job titles and pay ranges.

4.4. 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 anymatter not already listed on the agenda, with comments being limited to three minutes. The Councilcannot take any action at this meeting on requests made under this section of the agenda.

6. REPORTS AND COMMUNICATIONS - The following report and communication items are providedfor the Council’s information. No action can be taken on the items unless the Council agrees to includeit on a subsequent posted agenda.

6.1. SUNSHINING OF PUBLIC SAFETY MANAGEMENT INITIAL NEGOTIATIONS PROPOSAL

Under the terms’ of Council’s request to sunshine employee group proposals, the Council has receivedthe first proposal from Public Safety Management (PSM) for consideration. The fiscal impact of PSMsproposal is approximately $10,367 per year in order to rectify an on-going compaction issue. The city’sproposal consists of administrative changes and has no financial impact.

February 19, 2013 Page 2 of 4

6.2. COUNCIL COMMITTEE REPORTS - verbal report, if needed

A. Councilmember MorganB. Councilmember RitterC. Councilmember SchwabD. Councilmember SorensenE. Councilmember StoneF. Vice Mayor GruendlG. Mayor Goloff

6.3. CITY MANAGER’S REPORT - (Verbal Report - Brian S. Nakamura, City Manager)

7. ADJOURNMENT

Adjourn to a regularly scheduled City Council meeting on Tuesday, March 5, 2013, if needed at 5:00p.m., 5:30 p.m., or 6:00 p.m., if a Closed Session is held, followed by a regular City Council meeting at6:30 p.m. in the City Council Chamber.

February 19, 2013 Page 3 of 4

CLOSED SESSION AGENDA

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

February 19, 2013 - Regular City Council Meeting

5:30 p.m. - Regular Closed Session

1. CALL TO ORDER

1.1. Roll Call

1.2. Staff Present

2. CLOSED SESSION MATTERS

2.1 PUBLIC EMPLOYEES PERFORMANCE EVALUATION: The City Council will review the City Clerkperformance. (Gov. Code Section 54957.)

2.2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION: The City Attorney will reviewthe following: Danford A. Jay and Sandra R. Jay v. City of Chico, et al., Butte County Superior CourtCases 145202 and 145203, pursuant to Government Code section 54956.9(d)(1).

2.3. CONFERENCE WITH LABOR NEGOTIATOR

(Gov. Code Sec. 54957.6.)

Negotiator: Brian Nakamura, City Manager and David Koll, Negotiator

Employee Organizations: Management Employees, Confidentials, Public Safety ManagementEmployees, Chico Police Officers' Association, Chico Public SafetyAssociation, International Association of Firefighters, ServiceEmployees International Union (Trades and Crafts Unit), ChicoEmployee Association, WPEA/Local 39

3. ADJOURNMENT - Adjourn to the March 5, 2013 City Council meeting in the Council Chamber.

February 19, 2013 Page 4 of 4