REGULAR CHICO CITY COUNCIL MEETING April 19, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 4/19/22 Agenda
1.2. Call to Order -
Mayor Coolidge called the April 19, 2022 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Police Chaplain, Bud Chauvin
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
5.1. CONFIRMATION OF PAUL HAHN AS INTERIM CITY MANAGER - Amended Pursuant to the authority as set forth in Section 605 of the City Charter, "the Council shall have the power and authority to appoint a City Manager. At a special Closed Session meeting held on Wednesday, 13, 2022, the Council voted unanimously to appoint Paul Hahn, effective April 18, 2022, as the Interim City Manager, with the proposed agreement to be finalized at this meeting. The City Council is being presented with the employment agreement for the hiring of Paul Hahn, to serve as the At-Will Interim City Manager. (Report - Vincent Ewing, City Attorney)
Recommendation:
A. In compliance with Government Code Section 54953(c)(3), the City Attorney shall first orally report a summary of the recommendation for final action related to the Interim City Manager agreement as follows:
"The City Council is proposing to enter into an employment agreement with Paul Hahn as the Interim City Manager; and The City Council is proposing to appoint Paul Hahn with an annual base salary of $209,500. Paul Hahn, is a retiree of PERS and will thus not be enrolled in PERS nor have any PERS retirement contributions deducted from his salary or made on his behalf by the City. Hahn herby waives all benefits provided to City employees, including retirement contributions, health/medical/vision/dental insurance, life and disability insurance, sick leave, vacation, and similar benefits.
B. The City Attorney recommends Council Confirmation of the appointment of Paul Hahn as Interim City Manager and authorize the mayor to sign the agreement. $207,500.00 Item 5.1. Interim City Manager Agreement
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could thereby be enacted by one motion.
2.1. RESOLUTION NO. 19-22 - 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 - 2460 CERES AVENUE - ASSESSOR'S PARCEL NO. 015-260-001 (Petition from property owners Barry Jones and Julie Jones & Frederick M. Shanks, Jr. and Sheyanne Marie Shanks) Adopted a resolution authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Leigh Ann Sutton - Public Works Director-Engineering)
Item 2.1. Sewer-in-Lieus
2.2. RESOLUTION NO. 20-22 - RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE AFFORDABLE HOUSING FUND LOAN FOR THE DEVELOPMENT OF PHASE II OF THE NORTH CREEK CROSSINGS AFFORDABLE HOUSING PROJECT AT 2265 MACLOVIA AVENUE, APN 002-180-218 AND APN 002-180-219 The Central California Housing Corporation (CCHC), through its Affordable Housing Development Corporation (AHDC), is improving the property located north of Little Chico Creek and adjacent to and east of Notre Dame Boulevard (APN 002-180-218 and 002-180-219), in two phases known as North Creek Crossings I and II. Phase II of the North Creek Crossings (NCC-II) affordable family housing project will be fifty-three (53) units affordable to low, very low-, and extremely low-income family households, and one (1) manager unit. At its June 15, 2021 meeting, the City Council authorized federal HOME fund and Affordable Housing Fund (AHF) loans for NCC-II to support the production of severely needed affordable housing units. Due to escalating construction costs, an increase in the AHF loan is requested. (Marie Demers, Housing Manager)
Item 2.2. Affordable Housing Fund Loan
2.3. RESOLUTION NO. 21-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DECLARING PUBLIC NUISANCE AND SETTING TIME FOR HEARING ON OBJECTIONS TO ABATEMENT AND ASSESSMENT OF COSTS RELATED TO THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND/OR DEBRIS The lot clearing and weed abatement program is conducted each year under the provisions of the California Government Code. Adoption of a resolution will: (1) require the abatement of weeds, rubbish, refuse and/or debris; (2) set a public hearing for 5/03/22; and (3) direct the City Clerk to mail notices of the public hearing to all owners of affected parcels. (Charlene Durkin, Code Enforcement Supervisor)
Item 2.3. Weed Abatement
2.4. MINUTE ORDER NO. _____- AUTHORIZATION FOR THE DONATION OF A SURPLUS POLICE VEHICLE TO THE BUTTE COUNTY DEPARMENT OF BEHAVIORAL HEALTH Approval of Minute Order No. ____ that 1) authorized the donation of the surplus police vehicle to Butte County Behavioral Health, which has an estimated value of $4,470; and 2) authorized the Public Works Director O&M to execute the necessary documents for the transfer. (Erik Gustafson, Public Works Director - Operations & Maintenance) Item 2.4. Minute Order Donation of Police Vehicle
2.5. APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-PWE-006 Approval of this Supplemental Appropriation/Budget Modification transfered unspent funds between Personnel and Non-Personnel categories to work with a recruitment firm to aid in the hiring of both a Senior Development Engineer and a Senior Traffic Engineer. (Leigh Ann Sutton, Public Works Director - Engineering) Item 2.5. Supplemental Appropriation
2.6. APPROVAL OF COUNCIL MEETING MINUTES OF 1/18/22, 2/1/22, & 2/15/22 Item 2.6. Minutes
2.7. ITEMS REMOVED FROM THE CONSENT AGENDA
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on matters not already listed on the agenda. The Council could not take any action at this meeting on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.1. HEARING TO CONSIDER THE 2022-2023 DRAFT ANNUAL ACTION PLAN FOR THE USE OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANT (HOME) FUNDS The City receives an annual award of community development and housing funds from the Federal Department of Housing and Urban Development (HUD). Each year, the City must submit an Annual Action Plan (AAP) to HUD describing the City's plans for using these funds in the upcoming year. (Report - MaryJo Alonzo, Housing Program Analyst)
Recommendation : The Community Development Director recommends that City Council 1) hold a public hearing on the Draft 2022-23 Annual Action Plan; 2) consider any public comment received during the hearing; and 3) schedule a public hearing on the final Annual Plan at the end of the 30-day public comment period to be held during the City Council meeting on May 17, 2022.
Item 4.1. Draft Annual Action Plan
4.2. PUBLIC HEARING REGARDING TEMPORARY HUMBOLDT ROAD CLOSURE Pursuant to California Vehicle Code Section 21101.4, the Chico City Council adopted an ordinance amending Title 10 of the Chico Municipal Code (CMC) relating to the temporary closure of streets and roads if certain conditions exist. To address criminal activity and illegal littering/dumping, the City Council adopted a resolution to temporarily close Old Humboldt Road adjacent to Hwy 32 for 18 months. Both codes allow the City Council to renew such closure if the conditions precipitating the closure continues to exist and a public hearing is held.
Recommendation - The Public Works Director - Operations and Maintenance recommends: (1) hold a public hearing; and (2) adopt the following resolution: RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING CONTINUED TEMPORARY CLOSURE OF A PORTION OF OLD HUBOLDT ROAD PURSUANT TO CHICO MUNICIPAL CODE CHAPTER 10.53 Item 4.2. Temporary Humboldt Road Closure
4.3. PUBLIC HEARING REGARDING MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481 - Final Reading & Adoption Assembly Bill 481 ("AB 481") codified in Government Code sections 7070 through 7075, requires a law enforcement agency ("LEA") to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy (the "Policy") by ordinance prior to the LEA funding, acquiring, or using military equipment. The Chico Police Department ("CPD") seeks City Council introduction of the attached Ordinance (Exhibit "A") implementing the Military Equipment Use Policy - General Order 709 (Exhibit "B") (the "Ordinance"), in order to allow CPD to continue to use the vital equipment specified therein and continue to purchase said equipment as needed. (Continued on next page.) It should be noted that this matter came before the Council at its meeting of March 15, 2022 and on April 5, 2022 where public testimony was received. In addition, a public display ad for this public hearing was published on April 9, 2022, along with a summary of the ordinance published on April 13, 2022. (Report - Billy Aldridge, Interim Chief of Police)
Recommendation : The Chief of Police recommends that the City Council: (1) hold the public hearing; and (2) adopt the following ordinance, by reading of title only: AN ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY AND AMENDING TITLE 2, CHAPTER 2.28 OF THE CHICO MUNICIPAL CODE BY ADDING SECTION 2.28.050 ENTITLED "MILITARY EQUIPMENT USE POLICY" IN COMPLIANCE WITH ASSEMBLY BILL 481 - Final Reading and Adoption Closed Session Recess
Item 4.3. Public Hearing Military Equipment Use Policy
CLOSED SESSION - RECESS FOR THE FOLLOWING TWO ITEMS
7.6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
7.7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code section 54957(b).) Title: City Clerk
CLOSED SESSION ANNOUNCEMENT
5. REGULAR AGENDA
5.2. SPECIAL PLANNING AREAS - Continued from the 4/5/22 Council meeting.
At its meeting of 3/1/22, Council voted to agendize a discussion of a prior Council action taken at the 11/17/20 meeting, which was to delay all future Special Planning Areas requests or discussions until the Housing Element and General Plan updates were completed. This request was originally made at the December 15, 2021, meeting. (Sean Morgan, Councilmember) Item 5.2. Special Planning Areas
5.3. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 AND B-3 DUE TO THE CLASSIFICATION STUDY Receive the Classification Study Recommendations and an amendment to the City of Chico’s 2021/22 Fiscal Year Budget Appendix B-1 and B-3, modifying the position allocations for various departments at the City. (Report - Jennifer Macarthy, Deputy City Manager) Recommendation : Receive the Classification Study and Approve Budget Appendix B-1 and B-3 as submitted.
Item 5.3. Classification Study
5.4. PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE -
Information Only
The City's 2021 PMP evaluation provided a comprehensive assessment of all City roadways, with findings and recommendations of the City's roadway network - consisting of 568 lane miles. The evaluation assessed the City's roads with an overall PCI score of 49 of 100 in 2021. The report concluded the City would need to invest $9 million annually in road rehabilitation projects to maintain an existing PCI of 49. However, to bring pavement up to a good or very good condition (PCI of 65 - 80), the City would need $16M to $24M per year for ten years. The City currently spends $3M per year for pavement rehabilitation; therefore, the PCI score of 49 which was reported in 2021, has now dropped to a PCI of 46. With the current funding gap of $13M to $21M per year, the PCI will continue to decline. (Report - Leigh Ann Sutton, Public Works Director - Engineering) Item 5.4. Pavement Management Program (PMP) Update
5.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
6. REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Council’s information. No action could 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, Interim City Manager Hahn
6.2. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers may verbally request an item to be agendized at a future meeting. After stating what the item would be, a majority vote of Council is needed in order for staff to agendize. Councilmembers may also submit requests in writing.
7. CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - Council recessed at 10:07 p.m. to Closed Session in Conference Room 2.
7.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC (ED) Case No. 2:21-cv-00640 – MCE-DMC: Warren v. Chico
7.2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a):NCEDC v. City of Chico, Butte County Superior Court Case No. 21CV00500
7.3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): SUPERIOR COURT Case No. 22CV00360: David L. Waddell v. City of Chico
7.4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
7.5. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Manager)
7.6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
7.7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code section 54957(b).) Title: City Clerk
7.8. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiator: To Be Determined
Employee Organizations: Chico Battalion Chiefs, Chico Management Employees, Chico Police Management, Chico Police Officers Association, Chico Public Safety Association, Confidentials, International Association of Fire Fighters, Service Employees International Union – Trades & Crafts, Stationary Engineers Local 39, United Public Employees of California - Local 792, and All Department Heads
7.9. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
7.10. CLOSED SESSION ANNOUNCEMENT
The City Attorney announced that Council met in Closed Session regarding the items as outlined on the agenda. No action was taken; direction was provided.
8. ADJOURNMENT - Adjourned at 11:30 p.m. to the Regular City Council meeting on May 3, 2022, at 6:00 p.m., in the Council Chamber, 421 Main Street, Chico, CA.