REGULAR CHICO CITY COUNCIL MEETING May 3, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
5/3/22 Agenda
1.2. Call to Order - Mayor Coolidge called the May 3, 2022 - Regular City Council Meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Pastor Bryan Meyers, Grace Community Church
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. Proclamation – National Small Business Week
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. 23-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS AND ORDERING THE PRELIMINARY ENGINEER'S REPORT FOR THE ANNUAL ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2022/2023 RESOLUTION NO 24-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT, AND DECLARING THE CITY'S INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2022/2023, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING Adopted resolutions to initiate proceedings and declare the Council's intent to levy and collect the annual assessments for the Husa Ranch/Nob Hill Neighborhood Park Landscaping and Lighting District No. LLD 001-08 for the 2022/2023 fiscal year, and to set a public hearing on June 7, 2022 regarding this proposed assessment. (Erik Gustafson, Public Works Director - Operations & Maintenance)
2.1. Staff Report
2.1. Staff Report
2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-ASD-006 The Deputy Director - Finance requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2021-22 Budget. (Barbara Martin, Deputy Director - Finance)
2.2. Staff Report
2.3. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council 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 ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A50 - TOWER VISTA SUBDIVISION A condition of approval of a final subdivision map requires property owner, ASR ENTERPRISES, INC., to provide a means for funding the future replacement and annual operation and maintenance costs of storm water quality facilities, street trees, and dry landscape, which are of special benefit to the subdivision. The new subdivision is located on the east side of Mariposa Ave. between East Ave. and Eaton Road, APN 016-060-062. (Report - Leigh Ann Sutton, Public Works Director - Engineering) Recommendation : The Public Works Director - Engineering recommends adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ORDERING FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT AND APPROVING A DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS RELATING THERETO - CITY OF CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A50 - TOWER VISTA SUBDIVISION
4.1. Staff Report
4.2. HEARING ON RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE, AND DEBRIS TO BE A PUBLIC NUISANCE - ORDERING ABATEMENT AND REMOVAL, SETTING A DEADLINE FOR ABATEMENT, AND PROVIDING ASSESSMENT OF THE COST OF ABATEMENT Hearing to consider all objections to a resolution adopted 4/19/22, which declared a public nuisance relating to the abatement of weeds, rubbish, refuse and/or debris. (Report - Charlene Durkin, Code Enforcement Supervisor) Recommendation : The Code Enforcement Supervisor recommends adoption of the resolution which will: (1) overrule any objections to the previously adopted resolution; (2) establish 6/01/22 as the last day for voluntary abatement; and direct the Community Development Director to: (3) abate any item(s) not voluntarily removed; (4) maintain an accounting of costs associated with the abatement; and (5) provide the Council with a report of the costs to be recovered from property owners.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO OVERRULING OBJECTIONS TO RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE, AND DEBRIS TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT AND REMOVAL OF THE WEEDS, RUBBISH, REFUSE, AND DEBRIS, AND PROVIDING FOR AN ASSESSMENT OF THE COST OF SUCH ABATEMENT AND REMOVAL
4.2. Staff Report
4.3. HEARING ON RESOLUTION AMENDING THE CITY'S FEE SCHEDULE In accordance with Budget Policy E.5, changes in the City's Fee Schedule will be brought to Council one time a year. At this meeting, the City Council was asked to consider fee increases to be incorporated in the City's Fee Schedule. A public hearing was conducted specifically to address proposed cost of living increases to Development Impact Fees. (Report - Barbara Martin, Deputy Director - Finance)
Recommendation : The Interim City Manager recommends adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY'S FEE SCHEDULE (AMENDMENT NO. 345 - FEE SCHEDULES: 11.010, 11.015, 11.020, 11.025, 11.060, 11.070, 11.120, 11.130, 11.140, 15.010, 15.030, 15.045, 15.050, 15.060, 15.080, 15.086, 15.090, 15.092, 15.095, 15.100, 21.010, 21.025, 21.030, 21.035, 21.040, 30.010, 30.020, 30.030, 30.040, 30.050, 40.010, 40.030, 50.030, 50.040, 50.050, 50.060, 60.005, 60.020, 60.040, 60.110, 60.115, 60.120, 60.130, 60.140, 60.160, 60.170, 60.180, 60.190, 60.200, 80.020, 80.022, 80.030, 90.010 )
4.3. Staff Report
5. REGULAR AGENDA
5.1. CONFIRMATION OF AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT Pursuant to Section 605 of the City Charter, the Council appoints its three direct reports which are the City Manager, City Attorney and City Clerk.
Deborah R. Presson has served as the City Clerk of the City of Chico since June of 2000. The Council completed the performance evaluation of Deborah R. Presson, City Clerk, on April 19, 2022, and upon conclusion of the evaluation, voted unanimously to amend the City Clerk's Employment Agreement to adjust the salary level commensurate with other Department Directors. (Report - Vincent C. Ewing, City Attorney)
Announcement: In compliance with Government Code Section 54953(c)(3), the Council must orally report the following summary of the recommendation for final action related to the City Clerk employment agreement as follows:
5.1. Presson Contract
5.2. CONFIRMATION OF INTERIM ADMINISTRATIVE SERVICES DIRECTOR Section 605 of the City Charter states that the appointment of department heads is subject to confirmation by the City Council. In order to meet this requirement, City Council is being presented with the employment agreement for the Interim Administrative Services Director. (Report - Paul Hahn, Interim City Manager)
Recommendation : In compliance with Government Code Section 54953(c)(3), the City Manager shall first orally report a summary of the recommendation for final action related to the Interim Administrative Services Director employment agreement as follows: "The City Manager is proposing to enter into an employment agreement with Barbara Martin as the Interim Administrative Services Director; and The City Manager is proposing to appoint Barbara Martin with an annual salary of $146,000 and a $400 per month vehicle allowance." The City Manager recommends Council Confirmation of the appointment of Barbara Martin as the Interim Administrative Services Director.
5.2. Contract
5.3. SEWER REGIONALIZATION PROJECT - DRAFT PRINCIPLES OF AGREEMENT On March 21, 2022, the Sewer Regionalization Project Advisory Committee (SRPAC) approved the first draft of the Principles of Agreement, which could guide a future agreement between the City of Chico and Town of Paradise for wastewater treatment services. The Principles of Agreement outline key parameters of a potential agreement such as ensuring that ratepayers for Chico are not financially responsible for any aspect of Paradise's treatment need. The Principles of Agreement also sets forth a requirement that the Paradise Sewer Project only serves properties within the Town of Paradise Town Limits. (Report - Erik Gustafson, Public Works Director-Operations and Maintenance) Recommendation : The Public Works Director - Operations and Maintenance recommends the City Council consider the Draft Principles of Agreement and provide comments.
5.3. Staff Report
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 agreed 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 was needed in order for staff to agendize. Councilmembers may also submit requests in writing.
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS – Information Only
6.3. Staff Report
7. CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - Council recessed at 7:33 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): SUPERIOR COURT Case No. 22CV00360: David L. Waddell v. City of Chico
7.3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
7.4. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Manager)
7.5. 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
7.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
7.7. CLOSED SESSION ANNOUNCEMENT:
The Council reconvened after Closed Session and the City Attorney announced that Council met in Closed Session with staff on the five items as outlined on the agenda. No action was taken; direction was provided.
8. ADJOURNMENT - Adjourned at 9:45 p.m. to the Adjourned Regular City Council meeting on May 17, 2022, at 1:00 p.m., for the Budget Meeting followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.