chico city council agenda - city of chico - city hall · 03/07/2012 · chico city council agenda...

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:

July 3, 2012

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

POSTED:6/27/12

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

Teresa CampbellHuman Resources & Risk Mgmt. Director

David BurklandCity Manager

Lori J. BarkerCity Attorney

John RuckerAssistant City Manager

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 – July 3, 2012

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. Closed Session Announcement

1.5. Roll Call

1.6. Invocation - Reverend W illiam Kees, Faith Lutheran Church

1.7. Mayor’s Award for Life Saving Efforts of Police Officer Jobe Sandhagen

2. CONSENT AGENDA

2.1 ADOPTION OF SEWER IN LIEU RESOLUTIONS - VARIOUS

Adopt - resolutions authorizing sewer assessments to be collected on the tax roll, in lieu of full and

immediate payment of the sewer system connection fees. The Building & Development Services

Director recommends adoption of the resolutions.

A. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT

INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM CONNECTION FEES

INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 1121

BRUCE STREET - ASSESSOR'S PARCEL NO. 005-370-014 (petition from property owners Judith

E. and Peter Sager)

B. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT



CLEVELAND AVENUE - ASSESSOR'S PARCEL NO. 005-409-013 (petition from property owner

Peter B. Kimmel)

C. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT



COLORADO STREET - ASSESSOR'S PARCEL NO. 005-396-003 (petition from property owners

Manos Cheevers and Patty Garron)

D. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT


INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 952 EAST

16 STREET - ASSESSOR'S PARCEL NO. 005-421-031 (petition from David D. Beasley asTH

Attorney-in-fact for property owner Billy Naomi Beasley)

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

LICENSE TO ENLOE MEDICAL CENTER FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY

(WEST 6 AVENUE)TH

Adopt - Enloe Medical Center has requested a grant of license for the purpose of installing and

maintaining a utility easement across Magnolia Avenue at its intersection with W est 6 Avenue. Theth

easement will contain fiber optic telecommunication equipment. The Capital Project Services Director

recommends adoption of the resolution which will authorize the Grant of License and execution

of the Grant by the City Manager.

July 3, 2012 Page 1 of 5

2.3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO GIVING AUTHORIZATION TO THE

CITY MANAGER TO ENTER INTO A REAL PROPERTY EXCHANGE WITH THE CHICO UNIFIED

SCHOOL DISTRICT AND EXECUTE ALL RELATED DOCUMENTS

Adopt - a resolution authorizing the City Manager to enter into a real property exchange with the Chico

Unified School District and execute all related documents to facilitate the exchange. The Capital

Project Service Director recommends approval.

2.4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO REVOKING THE RECOGNITION

OF CHICO WASTEWATER TREATMENT PLANT BARGAINING UNIT (CWTPBU) AND

RECOGNIZING STATIONARY ENGINEERS, LOCAL 39 (LOCAL 39) AS MAJORITY

REPRESENTATIVE FOR THE WATER POLLUTION CONTROL PLANT EMPLOYEES

Adopt - resolution revoking the recognition of the Chico Wastewater Treatment Plant Bargaining Unit,

and recognizing Stationary Engineers, Local 39 as the majority representative for this group. Assistant

City Attorney Rock recommends adoption of the resolution.

2.5. AWARD OF BID FOR OFFICIAL PUBLICATIONS

Award of bid for legal and display advertising for fiscal year 2012-2013. The Office of the City Clerk

recommends that the City Council award the bid for all legal publications to the Chico

Enterprise Record, and the bid for display publications to both the Chico Enterprise Record and

the Chico News & Review.

2.6. CONFIRMATION OF APPOINTMENT OF HUMAN RESOURCES & RISK MANAGEMENT

DIRECTOR

Confirm - appointment of David Koll as Human Resources & Risk Management Director. The City

Manager recommends confirmation of the appointment.

3. PUBLIC HEARINGS

3.1. HEARING TO CONSIDER ACCEPTANCE OF COST REPORT FOR THE 2012 WEED ABATEMENT

AND LOT CLEARING PROGRAM

At its 5/01/12 meeting, the City Council adopted Resolution No. 21-12 which required the Housing and

Neighborhood Services Department to abate those properties not in compliance with the requirement

to abate weeds as of 6/01/12, and to keep an account of the work done by the City contractor to submit

to the City Council for confirmation. This is the cost report for the 2012 W eed Abatement and Lot

Clearing program and is submitted for the Council’s approval. If approved, the owners of the parcels

will be given 30 days to pay for the cost of the abatement. Property owners who do not pay will have

a lien placed on their property. The Housing and Neighborhood Services Director recommends

approval of the cost report.

3.2. HEARING TO CONSIDER THE FINAL ANNUAL ENGINEER’S REPORT AND THE LEVY AND

COLLECTION OF THE 2012-13 ASSESSMENTS FOR THE HUSA RANCH/NOB HILL

NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08.

On 6/19/12, the City Council adopted resolutions approving the preliminary Annual Engineer’s Report

(“Report”) and declaring its intention to levy and collect the annual assessments for Husa Ranch/nob

Hill Neighborhood Park Landscaping and Lighting District No. LLD 001-08 (District) for the 2012-13

fiscal year. The Council also scheduled tonight’s public hearing to consider approval of the final Report

and the proposed levy of $65.85 per household. (Report- Ruben Martinez, General Services

Director)


Recommendation -The General Services Director recommends adoption of the following resolution:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE FINAL ANNUAL

ENGINEER’S REPORT, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR

THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT

NO. LLD 001-08 FOR FISCAL YEAR 2012-13.

4. REGULAR AGENDA

4.1. BUDGET REVIEW - FINAL BUDGET ADOPTION

The City Council will be presented with the City Manager’s Final Budget Message, including an overview

of recommended budget adjustments to the 2012-2013 Proposed Budget. (Report - Jennifer

Hennessy, Finance Director and Dave Burkland, City Manager)

Recommendation – The City Manager recommends adoption of the resolution for the City of Chico

2012-2013 Final Budget. Budget adjustments adopted by the budget resolutions will be incorporated

into the Final Budget.

RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING THE 2012-2013 FINAL

BUDGET FOR THE CITY OF CHICO, THE CHICO PUBLIC FINANCING AUTHORITY AND THE CITY

OF CHICO PARKING AUTHORITY - City Council Action

4.2. CONSIDERATION OF FINANCE COMMITTEE RECOMMENDATIONS FROM THE 5/22/12 MEETING

REGARDING THE CHICO CERTIFIED FARMER’S MARKET AND AN AMENDMENT TO

PURCHASING PROCEDURES FOR SUPPLIES/EQUIPMENT AND CONTRACTUAL SERVICES

A. The Finance Committee considered the matter of the Chico Certified Farmer’s Market Fee Structure

at its meeting of 5/22/12.

Recommendation: Accept the Finance Committee recommendation (3-0) to leave the current

franchise and fee structure in place with no change, with the caveat that the new Board of Directors

and Market Manager would report back to the Committee in December 2012 with a plan that

identifies infrastructure improvements needed to the municipal parking lot and also provide possible

financing options available to the CCFM for those improvements.

B. The Finance Committee considered the matter of an amendment to purchasing procedures for

supplies/equipment and contractual services at its meeting of 5/22/12.

Recommendation: Accept the Finance Committee recommendation (3-0) to approve the proposed

changes to the City’s purchasing procedures to raise the formal bid requirement threshold from

$10,000 to $25,000 for purchases of supplies/ equipment and contractual services, and to notify

Council of purchases exceeding $10,000 and to post bid opportunities on the City website.

4.3. CONSIDERATION OF INTERNAL AFFAIRS RECOMMENDATION FROM THE 5/8/12 MEETING

REGARDING A PROPOSAL TO AMEND THE NOISE ORDINANCE

A. The Internal Affairs Committee considered this matter at its meeting of 5/8/12.

Recommendation: Accept the Internal Affairs Committee recommendation (2-1, with Holcombe

dissenting) to remove the written warning requirement, remove the need for a written statement from

the complaining party, and, allow a citation to be written at the discretion of the responding officer,

upon verification of the verbal complaint. Committee Member Evans seconded the motion with a

friendly amendment to include landlord accountability as long as it meets the legal challenge.

4.4. STANDING ITEM - UPDATE OF RDA DISSOLUTION PROCESS

Council will receive an update from staff regarding any new developments regarding the RDA

dissolution process. Council may provide direction to staff, as needed. (Report - Shawn Tillman,

Senior Planner)


4.5. 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. ADJOURNMENT

Adjourn to adjourned regular Closed Sessions on July 14, 2012 at 8 a.m. and July 28, 2012 at 8 a.m.

and then to a regularly scheduled City Council meeting on August 7, 2012 at 5:30 p.m. 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.


REGULAR CHICO CITY COUNCIL MEETING — July 3, 2012

CLOSED SESSION MEETING

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

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. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6.)

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

Management Director

Employee Organizations: Chico Police Officers' Association (CPOA) & Public Safety Management

(PSM)

3. ADJOURNMENT - Adjourn to the July 3, 2012 Regular City Council meeting in the Council Chamber.
