ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - May 3, 2022 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
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
Present: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge
Absent: None
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.
A motion was made by Vice Mayor Reynolds 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. 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)
2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-ASD-006
Approval of a Supplemental Appropriation/Budget Modification to the FY 2021-22 Budget. (Barbara Martin, Deputy Director - Finance)
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.
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Addressing the Council were Robin Trip, Jim Esh, Julie Threet, Jesica Giannola, Derrick Sanderson, and Patrick Newman.
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 required 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) Mayor Coolidge opened the hearing to the public. Addressing the Council was Derrick Sanderson. The hearing was closed to further comment.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 25-22 - 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
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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)
Mayor Coolidge opened the hearing to the public. Addressing the Council was Jesica Giannola. The hearing was closed to further comments.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt a resolution which: (1) overrules any objections to the previously adopted resolution; (2) establishes 6/01/22 as the last day for voluntary abatement; and direct the Community Development Director to:
(3) abates any items) not voluntarily removed; (4) maintains an accounting of costs associated with the abatement; and (5) provides the Council with a report of the costs to be recovered from property owners.
RESOLUTION NO. 26-22 - 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
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The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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)
Mayor Coolidge opened the hearing to the public. Addressing the Council was Bill Webb. The hearing was closed to further public comment.
Council asked staff why the proposed fee increases were not heard first by the Finance Committee as has been past practice.
A motion was made by Councilmember Tandon and seconded by Councilmember O'Brien to adopt the following resolution, as amended to remove all fees related to construction costs which are to referred to the Finance Committee for review and recommendation:
RESOLUTION NO. 27-22 - 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, 21.040, 30.010, 30,020, 30.030, 30.040, 30.050, 40.010, 40.030, 50.050, 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 The motion carried by the following vote:
AYES: Morgan, O'Brien, Tandon, Reynolds, Coolidge
NOES: Bennett, Brown
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 City Attorney orally reported the following summary of the recommendation for final action related to the City Clerk employment agreement as follows:
"The City Council is proposing to modify the employment agreement with Deborah Presson as the City Clerk and Elections Official to include a salary increase commensurate with other Department Directors and to adjust her annual salary to $165,000.".
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Addressing the Council on this item were Julie Threet and Patrick Newman.
A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to confirm the amendment to Deborah R. Presson, City Clerk & Elections Official's contract to include a merit increasing her salary to $165,000, commensurate with other Department Head salaries, effective April 1, 2022.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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 was being presented with the employment agreement for the Interim Administrative Services Director. (Report - Paul Hahn, Interim City Manager)
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to confirm the appointment of Barbara Martin, as Interim Administrative Services Director, with an annual salary of $146,000, along with a $400 per month vehicle allowance.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
The Council recessed at 7:05 p.m. for a ten-minute break. The meeting was reconvened, and all members were present.
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 potentially guide a future agreement between the 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)
Addressing the Council was Patrick Newman.
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 May 3, 2022 City Council Minutes Pagel4
6.2. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers can 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.
Councilmember Tandon - Garbage Receptacles in the Downtown Area A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to agendize a discussion of the garbage cans or receptacles placed in the downtown area, with the discussion to include current locations, request for a discussion with DCBA on partnering with the City on a study of where to more strategically place the receptacles in the downtown area.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information Only
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 regarding 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
Date Approved: /drp 6/7/22
arrant themsin
Deborah R. Presson, MMC, City Clerk
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