ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 19, 2022 Minutes
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
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
Moment of Silence - In Honor of Scott Dowell, Administrative Services Director
1.5. Roll Call
Present: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge
Absent: None
Council concurred to table the Reclassification Item 5.3. to a future meeting.
5.1. CONFIRMATION OF PAUL HAHN AS INTERIM CITY MANAGER - This item was taken out of order and heard first.
Pursuant lo 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 or 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 was 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) Announcement:
In compliance with Government Code Section 54953(c)(3), the City Attorney orally reported 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 $207,500. 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 hereby 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." A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to confirm the appointment of Paul Hahn as Interim City Manager and authorize the Mayor to sign the agreement as outlined above.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could thereby be enacted by one motion.
Ed Mayer addressed the Council on the Item 2.2. of the Consent Agenda.
A motion was made by Councilmember Brown and seconded by Councilmember Morgan to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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)
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-I) 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-ll 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)
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)
2.4. MINUTE ORDER NO. 02-22 - AUTHORIZATION FOR THE DONATION OF A SURPLUS POLICE
VEHICLE TO THE BUTTE COUNTY DEPARMENT OF BEHAVIORAL HEALTH Approval of Minute Order No. 02-22 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)
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2.5. APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-PWE- 006 SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION
Approval of a Supplemental Appropriation/Budget Modification transferring 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)
2.6. APPROVAL OF COUNCIL MEETING MINUTES OF 1/18/22, 2/1/22, & 2/15/22
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.
Addressing the Council were Jeff Creed, Nichole Nava, Julie Threet, Paula Hare, Alicia Trider, Katie Posey, Jesica Giannola, Mike Trolinder, and Patrick Newman.
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) Mayor Coolidge opened the hearing to the public. Addressing the Council were Nichole Nava, Jesica Giannola, and Patrick Newman. The hearing was closed to further comment.
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 anc roads if certain conditions exist. To address criminal activity and illegal littering/dumping, the City ouncil adopted a resolution to temporarily close Old Humboldt Road adjacent to Hwy 32 for 1 nonths. Both codes allow the City Council to renew such closure if the conditions precipitating th closure continues to exist and a public hearing is held Mayor Coolidge opened the hearing to the public. Addressing the Council were Tom Van Overbeek, Kim Nott, Jesica Giannola, and Patrick Newman.
A motion was made by Councilmember O'Brien and seconded by Councilmember Morgan to adopt the following resolution:
RESOLUTION NO. 21-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING
CONTINUED TEMPORARY CLOSURE OF A PORTION OF OLD HUMBOLDT ROAD PURSUANT TO CHICO MUNICIPAL CODE CHAPTER 10.53
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The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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 ordinance implementing the Military Equipment Use Policy - General Order 709, in order to allow CPD to continue to use the vital equipment specified therein and continue to purchase said equipment as needed.
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 learing 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) Mayor Coolidge opened the hearing to the public. Addressing the Council were Jeff Creed, Margaret Swick, Ann Polivka, Nichole Nava, Suellen Rowlison, Diane Susuki, Alicia Trider, Ryan Sanders, Jesica Giannola, Julie Threet, Chris Nelson, and Patrick Newman. The hearing was closed to further comment.
A motion was made by Councilmember O'Brien and seconded by Councilmember Tandon to adopt the following ordinance, by reading of title only:
ORDINANCE NO. 2576 - 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 The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
CLOSED SESSION - RECESSED AT 7:53 P.M. 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
Addressing the Council regarding the two Closed Session items was Nichole Nava.
The Council recessed at 7:53 p.m. to Closed Session for the evaluations of the City Clerk and City Attorney.
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CLOSED SESSION ANNOUNCEMENT
At 9:26 p.m., the Council reconvened from Closed Session. City Attorney Ewing announced that Council met in Closed Session for the performance evaluations of the City Clerk and City Attorney. It was further announced that City Clerk Presson would be receiving a merit increase to bring her salary into line with the other Department Heads.
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) A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to reverse 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.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
5.3. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 AND B-3 DUE TO THE CLASSIFICATION STUDY - This item was continued to a future meeting.
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 (PC 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)
Addressing the Council on this item were Nichole Nava, Mike Trolinder, and Jeff Creed.
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 - None
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7. CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - Council recessed at 10:07 p.m. to Closed Session in Conference Room 2 for the remaining five items, Item 7.1. through
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
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 Associalion, 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 remaining five items as outlined on the agenda. No action was taken on Items 7.1 through 7.5; 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.
Date Approved: /drp 6/7/22
Nitrand Messen
Deborah R. Presson, MMC, City Clerk
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