Brian S. Nakamura 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 October 16, 2012 CLOSED SESSION - 5:30 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: 10/11/12 City Staff Brian S. Nakamura 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 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 David Koll 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 ADJOURNED REGULAR CHICO CITY COUNCIL M EETING October 16, 2012 Chico Municipal Center, Council Chamber, 421 Main Street 1.1. ADJOURNED 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. Invocation - Baha i Faith 1.4. Flag Salute 1.5. Roll Call 1.6. Closed Session Announcem ent 1.7. Proclamation - Domestic Violence Awareness 2. CONSENT AGENDA 2.1. ADOPTION OF A RESOLUTION OF INTENTION TO ABANDON A PORTION OF PUBLIC RIGHT- OF- WAY - SKYPARK PLAZA Adopt - a resolution of intention to abandon and vacate a portion of public right-of-way at 2485 Notre Dam e Boulevard #775, located at the northeast corner of Skyway and Notre Dame Boulevard, to facilitate the anticipated Com prehensive Sign Program at the Skypark Plaza. The Capital Project Services Director recommends adoption of the resolution which will schedule a public hearing on November 6, RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF CHICO TO ABANDON AND VACATE A PORTION OF PUBLIC RIGHT-OF-WAY AND OTHER APPURTENANT EASEMENTS PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (SKYPARK PLAZA, APN ) 2.2. ADOPTION OF A RESOLUTION AM ENDING SECTION 2R , ENTITLED "CONFLICT OF INTEREST CODE" OF THE CHICO M UNICIPAL CODE Adopt - a resolution which amends that portion of the City of Chico s Conflict of Interest Code which lists the required disclosure categories of designated city officials and em ployees pursuant to the requirem ents of the Political Reform Act. The HR/RM Director recommends adoption of the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING SECTION 2R , ENTITLED "CONFLICT OF INTEREST CODE" OF THE CHICO MUNICIPAL CODE 2.3. AUTHORIZATION FOR THE CITY M ANAGER TO DONATE SURPLUS SELF-CONTAINED BREATHING APPARATUS AIR PACKS AND BOTTLES TO PENINSULA FIRE DISTRICT Approve - m inute order declaring the self-contained breathing apparatus air packs and air bottles as surplus property and authorize the City Manager to donate the item s to Peninsula Fire District. The Fire Chief recommends approval APPROVAL OF COUNCIL MINUTES OF 6/5 AND 6/19 3. PUBLIC HEARINGS October 16, 2012 Page 1 of 4

4 4. REGULAR AGENDA 4.1. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTER 8.28 OF THE CHICO MUNICIPAL CODE REGARDING SMOKING Introductory reading - Pursuant to direction by the Council, an am endm ent to the City s sm oking ordinance is being presented to Council. The ordinance would amend Chapter 8.28 of the Chico Municipal Code prohibiting sm oking within a specified distance of entryways to businesses within the City. (Report - Lori Barker, City Attorney) Recommendation: Consider two alternative proposed ordinances and: (1) introduce one of the ordinances, by reading of title only; or (2) provide additional direction to the City Attorney. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO ADDING SECTION TO THE CHICO MUNICIPAL CODE REGARDING PROHIBITION OF SMOKING IN CERTAIN UNENCLOSED AREAS - Introductory Reading by Title Only [Exhibit A, or Exhibit B to the staff report.] 4.2. QUARTERLY FINANCIAL UPDATE AND CONSIDERATION OF APPROVAL OF SUPPLEM ENTAL APPROPRIATION - Both the City Council and Successor Agency will convene for consideration of this item. The City Manager and Finance Director will present the prelim inary financial results from Fiscal Year and the first quarter of Fiscal Year Council will also be presented with a Supplem ental Appropriation which sum m arizes all budgetary m odifications that have arisen between July 1, 2012 through Septem ber 30, (Report -Jennifer Hennessy, Finance Director) Recommendation - The Finance Director recommends approval of Supplemental Appropriation No Quarterly Supplemental Request (Q1'12-13) 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 COM MUNICATIONS - The following report and com m unication item s are provided for the Council s information. No action can be taken on the item s unless the Council agrees to include it on a subsequent posted agenda CITY COUNCIL REPORTS - (Verbal Reports, when needed - Councilmembers) Councilmember Evans Town & Gown Committee Councilmember Goloff Economic Development Committee - Chair Councilmember Gruendl Finance Committee - Chair Butte County Air Quality Managem ent District Oversight Board - Chair Councilmember Holcombe Mechoopda Indian Rancheria Com m ittee Hom eless Task Force Councilmember Sorensen Butte County Water Advisory Committee Butte County W ater User s Association October 16, 2012 Page 2 of 4

5 Vice Mayor Waker Internal Affairs Comm ittee - Chair DCBA Liaison M ayor Schwab Butte County Association of Governm ents Butte County Em ergency Services Council Chico Urban Area Joint Powers Financing Authority Local Government Committee - City Northern Sacram ento Valley Regional W ater Managem ent Board Police Com m unity Advisory Board Sustainability Task Force Mayor s Business Advisory Council 6.2. CITY MANAGER S REPORT - (Verbal Report - Brian S. Nakamura, City Manager) 7. ADJOURNM ENT Adjourn to a regularly scheduled City Council meeting on November 6, 2012, if needed 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. October 16, 2012 Page 3 of 4

6 ADJOURNED REGULAR CHICO CITY COUNCIL M EETING October 16, 2012 CLOSED SESSION Chico Municipal Center, Conference Room #2, 421 Main Street 1. CALL TO ORDER 1.1. Roll Call 1.2. Staff Present 2. CLOSED SESSION M ATTERS 2.1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec ) Negotiator: Brian Nakam ura, City Manager and David Koll, Director of Human Resources Employee Organizations: Chico Police Officers' Association (CPOA), Public Safety Management (PSM) 3. ADJOURNMENT - Adjourn to the October 16, 2012 Adjourned Regular City Council meeting in the Council Chamber. October 16, 2012 Page 4 of 4

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