REGULAR CHICO CITY COUNCIL MEETING - June 7, 2022
Minutes
2. SPECIAL CLOSED SESSION MEETING - 5:00 p.m. with Closed Session item noted below:
2.2. CLOSED SESSION - Council recessed at 5:00 p.m. to Closed Session in Conference Room 2.
There were no public comments nor any Council disqualifications.
2.3. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiator: Laura Izon (Atkinson, Andelson, Loya, Ruud and Romo law firm (AALRR)) 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
1.1. REGULAR CITY COUNCIL MEETING - 6:00 P.M.
1.2. Call to Order - Mayor Coolidge called the June 7, 2022 - 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 Ray Shelton
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. Presentation - Chico Police Department 2021 Annual Report by Chief of Police Matthew Madden - Continued to the 6/21/22 Council Meeting
1.7. June 7, 2022 Special Closed Session Announcement
The City Attorney announced that Council met in Closed Session at 5:00 p.m. with staff and the labor negotiator regarding current labor negotiations. No action was taken; direction was provided.
2. CONSENT AGENDA - All matters listed under the Consent Agenda are considered routine and therefore enacted by one motion.
A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read, with it noted for the record that Councilmember Brown voted against Item
2.2. related to the approval of the sewer regionalization project.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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2.1. RESOLUTION NO. 31-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO CALLING A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022, FOR THE PURPOSE OF ELECTING THREE MEMBERS REPRESENTING DISTRICTS 2, 4, AND 6, AND ONE MEMBER FOR A TWO-YEAR TERM REPRESENTING 2020 DISTRICT 3, TO THE CITY COUNCIL AND
REQUESTING CONSOLIDATION OF THAT ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022
Adopted a resolution calling for a general municipal election to be held on November 8, 2022 for the purpose of electing three members representing Districts 2, 4, and 6, and one member to represent the remaining two-year term for the 2020 District 3, to serve on the City Council. The term of office for District 2, 4, and 6 positions will commence on December 6, 2022 and end in December 2026, with District 3's position ending in December 2024. The Council has also indicated its desire to place a sales tax initiative on the November ballot, which will need to be formally approved by resolution by mid-July. Ballot Measures are not required to be part of the original resolution seeking consolidation of the City of Chico election in with the County of Butte's election process. (Deborah R. Presson, City Clerk & Elections Official)
2.2. APPROVAL OF THE SEWER REGIONALIZATION PROJECT - PRINCIPLES OF AGREEMENT
FINAL DRAFT AND AUTHORIZING STAFF AND CITY ATTORNEY TO WORK WITH THE TOWN
OF PARADISE TO PREPARE AN INTER-MUNICIPAL AGREEMENT FOR FUTURE
CONSIDERATION
On March 15, 2022, City Council heard a presentation regarding an update on the Paradise sewer regionalization project that included a proposed connection fee of $14.9 million to be paid from the Town of Paradise to the City of Chico. On March 21, 2022, the Sewer Regionalization Project Advisory Committee (SRPAC) approved the first draft of the Principles of Agreement (POA), which will guide a future Inter-Municipal Agreement between the City of Chico and Town of Paradise for wastewater treatment services. The POA outlines key parameters of the potential Inter-Municipal Agreement such as ensuring that ratepayers for Chico are not financially responsible for any aspect of Paradise's treatment need. The POA also sets forth a requirement that the Paradise Sewer Project only serves properties within the Town of Paradise Town Limits. On May 3, 2022, City Council considered the draft POA and had no further comments. There were no further comments during the public comment period and no further changes to the draft POA. (Erik Gustafson, Public Works Director - Operations and Maintenance)
Councilmember Brown voted "no" on this item.
2.3. RESOLUTION NO. 32-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE FISCAL YEAR 2022-23 LIST OF PROJECTS FUNDED BY SB1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT
The Public Works Director-Engineering recommended the adoption of a resolution approving the fiscal year 2022-23 list of projects funded by SB1 to be submitted to the California Transportation Commission (CTC) by July 1, 2022. (Leigh Ann Sutton, Public Works Director-Engineering)
2.4. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 4/5/22, 4/19/22, AND 5/3/22
2.5. 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 was prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were James Hutchinson, Nolan Leupp, Paula Hare, Tim Lynch, Cale Whitehouse, Nichole Nava, Jesica Giannola, and Rob Berry.
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4. PUBLIC HEARINGS
4.1. HEARING TO CONSIDER THE FINAL ANNUAL ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF THE 2022-23 ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 On 5/03/22, the City Council adopted resolutions approving the preliminary Annual Engineer's Report ("Report") and declaring its intention to levy and collect the annual assessments for the Husa Ranch/Nob Hill Neighborhood Park Landscape and Lighting District No. LLD 001-08 ("LLD") for the 2022-23 fiscal year. The Council also scheduled this public hearing to consider approval of the final Report and the proposed annual levy of $82.16/parcel, an approximate $5.00 increase from the 2021- 22 assessment. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to adopt the following resolution:
RESOLUTION NO. 33-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
APPROVING THE FINAL ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2022/2023 The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
5. REGULAR AGENDA
5.4. ALTERNATIVE CAMPING SITES
Under the Warren vs. City of Chico Settlement Agreement, certain conditions must be met for the City to enforce its anti-camping ordinances. One of the conditions include Outreach and Engagement (O&E) staff to assess homeless individuals, who are camping illegally, to determine appropriate shelter space. If the individual is deemed by O&E staff to be ineligible for the Pallet Shelter or the Torres alternative camping site, and to agendize in open session a discussion of additional locations at the June 7, 2022, meeting. (Report - Paul Hahn, Interim City Manager) Addressing the Council were Stella Held, Jeanne Fogleman, Teresa Miller, Cody Miller, Natasha Shelton, James Hutchinson, Nichole Nava, Chris Mitchell, Kelliann Seitz, Deedi Christian, Mary Murphy-Waldorf, Jamye Rodrigues, Shawn Hughes, Joe Miceli, Aaron Gausemel, Mary Dobson Collier, Derrick Sanderson, Michelle Cooper, Teresa Root, Jay Yost, Kelly Candelaria, Owen Peterson, Benny Greenleaf, Lynne Bellante, Nolan Leupp, Gina Bax, Katie Posey, Karen Emmons, Kelly Candelaria, Owen Peterson, Lynne Bellante, Siobhan Chevon Diamond, Steve Emmons, Annie North, Mitch Robison, Rob Berry, Jessica Mackenzie, Jesica Giannola, Brandon Lovgren, and Doug Guillon.
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A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to approve available alternative property locations where anti-camping ordinances will not be enforced for at least sixty (60) days upon individuals who are deemed ineligible for the Torres Shelter or the Pallet Shelter by O&E staff, with both sites being located on Eaton Road; which includes the Cohasset and Eaton site already identified by prior Council action, and with the second site identified as a small portion (half acre to be specific) in that same area as outlined by the City.
Councilmember Tandon asked for a friendly amendment to only open the second site at such time it is needed. Her amendment was accepted by both Councilmember Bennett and Councilmember Morgan.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Coolidge
NOES: Brown, Reynolds
The Council recessed at 8:12 p.m. for a ten-minute break. The meeting was reconvened and all members were present.
5.1. DOWNTOWN CHICO PROPERTY BUSINESS IMPROVEMENT DISTRICT RENEWAL The Downtown Chico Property Business Improvement District's (PBID) original formation period expires December 31, 2022. The PBID Owner's Association is interested in renewing the PBID for an additional five years (January 1, 2023 - December 31, 2027). The Council was asked to consider a Resolution of Intent to begin the renewal process and affirm the City's interest in continuing to participate in the PBID. (Report - Jennifer Macarthy, Deputy City Manager) Addressing the Council on this item were Nichole Nava and Tom van Overbeek.
A motion was made by Councilmember O'Brien and seconded by Councilmember Morgan to authorize the City Manager to sign a petition in support of the renewal of the PBID for a period of five years; and upon receipt of the assessment ballot, complete and sign the assessment ballot in favor of the PBID; and adopt the following resolution:
RESOLUTION NO. 34-22 - RESOLUTION OF INTENTION TO RENEW THE PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHICO
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
5.2. REVENUE ENHANCEMENT BALLOT MEASURE
September 21, 2021, the City Council directed City staff to prepare the necessary documentation and related actions to place a one percent (1%) general sales tax on the November 8, 2022 ballot. This report provided details on the revenue measure and the action required to place the measure on the ballot. (Report - Jennifer Macarthy, Deputy City Manager) Addressing the Council on this item were Nichole Nava, Chris Mitchell, and Derrick Sanderson.
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A motion was made by Mayor Coolidge and seconded by Councilmember Bennett to adopt the following resolution:
RESOLUTION NO. 35-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ORDERING A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8 2022, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF CHICO A
ORDINANCE TO ESTABLISH A GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE
RATE OF ONE PERCENT FOR GENERAL MUNICIPAL PURPOSES UNTIL ENDED BY VOTERS,
PROHIBITING THE CITY COUNCIL MEMBERS FROM SUBMITTING BALLOT ARGUMENTS REGARDING THE ORDINANCE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
5.3. RESOLUTION TO APPROVE THE FY2022-23 FINAL BUDGET
The Interim City Manager requested consideration and adoption of a resolution approving the FY2022- 23 Final Budget for the City of Chico and the Successor Agency to the Chico Redevelopment Agency. (Report - Paul Hahn, Interim City Manager)
Addressing the Council on this item were Derrick Sanderson and Chris Giampaoli.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to adopt the following resolution:
RESOLUTION NO. 36-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING THE 2022-23 FINAL BUDGET FOR THE CITY OF CHICO AND THE SUCCESSOR AGENCY TO
THE CHICO REDEVELOPMENT AGENCY
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
5.5. COUNCILMEMBER TANDON REQUEST - GARBAGE RECEPTACLES IN THE DOWNTOWN AREA - Continued to next meeting.
5.6. 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 can 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 was needed in order for staff to agendize. Councilmembers may also submit requests in writing Vice Mayor Reynolds - Quality of Life Discussion
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to approve agendizing Vice Mayor Reynolds' request to have a discussion on what can be done within the confines of the settlement agreement to improve the quality of life in Chico. This would include but not be limited to looking into the City's Chico Municipal Codes and other means available to address the concerns June 7, 2022 City Council Minutes Page /5
and the sentiments expressed by the community at this Council meeting 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
CLOSED SESSION
CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - Council recessed at 9:30 p.m. to Closed Session in Conference Room 2.
Addressing the Council on Closed Session was Nichole Nava.
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 - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
7.3. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Manager)
7.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
7.5. CLOSED SESSION ANNOUNCEMENT
The City Attorney announced that Council met in Closed Session with staff regarding Items 7.1, 7.2., and 7.3. No action was taken; direction was provided.
ADJOURNMENT - Adjourned at 10:30 p.m. to the Adjourned Regular City Council meeting on June 21, 2022, at 6:00 p.m., in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 8/2/22
Deborah R. Presson, MMC, City Clerk
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