REGULAR CHICO CITY COUNCIL MEETING August 2, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
8/2/22 Agenda
1.2. Call to Order - Mayor Coolidge called the August 2, 2022 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Clark Davis, Community Service Missionary, Church of Jesus Christ of Latter-day Saints
1.4. Moment of Silence
Jim Walker – Councilmember 2008-2012, Vice Mayor 2010-2012, Bidwell Park & Playground Commission 2003-2007 Tom Nickell – Councilmember 2006-2010, Vice Mayor 2008-2010, Bidwell Park & Playground Commission 2017-2018
1.5. Presentation of Colors, Boy Scout Troop 2
1.6. Pledge of Allegiance to the Flag
1.7. Roll Call
1.8. August 2, 2022 Closed Session Announcement
1.9. Swearing In – Mark Sorensen, City Manager
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and enacted by one motion.
2.1. RESOLUTION NO. 42-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ACKNOWLEDGING RECEIPT OF THE FIRE CHIEF'S ANNUAL REPORT REGARDING THE CHICO FIRE DEPARTMENT'S INSPECTION OF SPECIFIC BUILDINGS AND OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE The Fire Chief requested that the City Council to acknowledge receipt of the annual fire inspections report which provided an overview of Chico Fire Department's efforts to meet State mandated educational and residential inspection obligations. (Steve Standridge, Fire Chief)
2.1. Staff Report
2.2. RESOLUTION NO. 43-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO DESIGNATING CITY OFFICERS AUTHORIZED TO ORDER DEPOSITS AND WITHDRAWALS OF FUNDS IN THE LOCAL AGENCY INVESTMENT FUND The Interim Administrative Services Director recommended consideration and adoption of a resolution designating City Officers authorized to order deposits and withdrawals of funds in the Local Agency Investment Fund (LAIF) pursuant to California Government Code §16429.1. (Barbara Martin, Interim Administrative Services Director)
2.2. Staff Report
2.3. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-ASD-007 The Interim Administrative Services Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2021-22 Budget. (Barbara Martin, Interim Administrative Services Director)
2.3. Staff Report
2.4. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-PWE-001 FOR CIP NO. 50490 SANITARY SEWER MASTER PLAN The Public Works Director-Engineering requested consideration and approval of a Supplemental Appropriation/Budget Modification for the transfer of funds from Fund 850, Fund 320, Fund 321, Fund 322, and Fund 323 into project 50490 - Sanitary Sewer Master Plan (SSMP). (Leigh Ann Sutton, Public Works Director-Engineering)
2.4. Staff Report
2.5. ANNUAL REPORT ON THE DISPOSITION OF UNCLAIMED PROPERTY AND BICYCLE DONATIONS FOR FY2021-22 The Interim Administrative Services Director recommended acceptance of the Report on the Disposition of Unclaimed Property and Bicycle Donations. (Barbara Martin, Interim Administrative Services Director)
2.5. Staff Report
2.6. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SILVER DOLLAR BMX LEASE AGREEMENT The City entered into a lease agreement with Silver Dollar BMX on March 17, 2008, extending through March 16, 2038, to construct and operate a BMX facility on City property located at 2352 Dr. Martin Luther King Jr. Parkway. The City Council authorized staff to proceed with the relocation of the Silver Dollar BMX facility from 2352 Dr. Martin Luther King Jr. Parkway to 1550 Marauder Street (APN 047-560-041). City staff drafted a lease agreement with Silver Dollar BMX, Inc. to lease the property located at 1550 Marauder Street. (Mark Sorensen, City Manager)
2.6. Staff Report
2.7. APPROVAL OF COUNCIL MEETING MINUTES OF 6/7/22, 6/21/22, AND 7/5/22
2.7. Staff Report
2.8. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on any matter not already listed on the agenda. The Council was prohibited from taking action at this meeting on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.4. 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 to renew the PBID and approve an Agreement for implementation of the PBID Management Plan. (Report - Jennifer Macarthy, Deputy City Manager)
Recommendation : The City Manager recommends the following:
1) Adoption of the following Resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ACCEPTING THE MANAGEMENT DISTRICT PLAN AND FINAL ENGINEER'S REPORT, RENEWING THE DOWNTOWN CHICO PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT FOR A PERIOD OF FIVE YEARS AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT 2) Authorization for the City Manager to enter into the following Agreement:
AGREEMENT BETWEEN CITY OF CHICO AND DOWNTOWN CHICO PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT FOR IMPLEMENTATION OF MANAGEMENT DISTRICT PLAN
4.4. Staff Report
4.1. CHICO CANNABIS COLLECTIVE APPEAL HEARING
The City of Chico accepted applications for Commercial Cannabis Dispensaries from June 2, 2021 through July 16, 2021. There are four phases within the Commercial Cannabis Application process as guided by the Chico Municipal Code (CMC). The appeal by Chico Cannabis Collective is for denial of moving to Phase 4 of the application process, which is a public hearing for "Final Selection by the City Manager. The City Council has been provided two resolutions, one denying the appeal and upholding Staff’s recommendation and the other upholding the appeal and thereby overturning City Staff’s recommendation. (Report - Angie Dilg, Management Analyst) Recommendation : The City Manager recommends the City Council deny the appeal by CCC and uphold his recommendation regarding the disqualification of CCC by adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DENYING AN APPEAL BY CHICO CANNABIS COLLECTIVE AND THEREBY UPHOLDING STAFF RECOMMENDATIONS REGARDING THE DISQUALIFICATION OF CHICO CANNABIS COLLECTIVE'S COMMERCIAL CANNABIS PERMIT APPLICATION
4.1. Staff Report
4.2. RESOLUTIONS OF APPLICATION TO ANNEX UNINCORPORATED ISLAND AREAS At its 03/15/22 meeting, in an effort to consolidate the City's boundaries and encourage the efficient delivery of urban services, Council authorized the City Manager to enter into the Island Annexation Agreement between the City of Chico and Butte Local Agency Formation Commission (LAFCo). The Agreement obligates the City to submit an annexation application that includes all four annexation areas to Butte LAFCo in August 2022. Council was being asked to initiate proceedings for the annexations via adoption of four resolutions. Following submittal of the annexation applications, LAFCo will schedule noticed public hearings to consider each application consistent with State law.
Recommendation : The Community Development Director recommends adoption of the following Resolutions of Application to Annex Unincorporated Areas Identified in the City of Chico/Butte Local Agency Formation Commission Island Annexation Agreement (W. Sacramento Annexation District No. 23, ANX 22-01; W. East Avenue Avenue Annexation District No. 1, ANX 22-02; El Monte Avenue Annexation District No. 1, ANX 22-03; and Chico Canyon Road Annexation District No. 8, ANX 22-04) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS TO ANNEX PROPERTY NOW LOCATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF BUTTE TO THE INCORPORATED TERRITORY OF THE CITY OF CHICO; W. SACRAMENTO ANNEXATION DISTRICT NO. 23 (CITY OF CHICO; ANX 22-01; VARIOUS APNs) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS TO ANNEX PROPERTY NOW LOCATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF BUTTE TO THE INCORPORATED TERRITORY OF THE CITY OF CHICO; W. EAST AVENUE ANNEXATION DISTRICT NO. 1 (CITY OF CHICO; ANX 22-02; VARIOUS APNs) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS TO ANNEX PROPERTY NOW LOCATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF BUTTE TO THE INCORPORATED TERRITORY OF THE CITY OF CHICO; EL MONTE AVENUE ANNEXATION DISTRICT NO. 1 (CITY OF CHICO; ANX 22-03; VARIOUS APNs) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS TO ANNEX PROPERTY NOW LOCATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF BUTTE TO THE INCORPORATED TERRITORY OF THE CITY OF CHICO; CHICO CANYON ROAD ANNEXATION DISTRICT NO. 8 (CITY OF CHICO; ANX 22-04; VARIOUS APNs)
4.2. Staff Report
Letters
4.3. HOUSING ELEMENT UPDATE (2022-2030)
State law requires each jurisdiction to update its Housing Element every eight years with specific deadlines established by the California Department of Housing and Community Development. The Housing Element provides an analysis of a community's housing needs for all income levels, along with strategies and actions for responding to those needs. The Housing Element is considered the primary policy document to guide the development, rehabilitation, and preservation of housing for all economic segments of the City's population. California law also specifies that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems which provide opportunities for and do not unduly constrain housing development. It also establishes that each city and county accommodate its fair share of affordable and market rate housing. (Report - Brendan Vieg, Community Development Director) Recommendation : The Planning Commission and Community Development Director recommend that the City Council 1) hold a public hearing regarding the Draft 2022 Housing Element; 2) consider and provide direction regarding Planning Commission and staff recommendations for proposed changes to the Draft 2022 Housing Element; and 3) adopt the following resolution determining that adoption of the Housing Element is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, approving the Draft 2022 Housing Element, and authorizing submittal of the Housing Element to the California Department of Housing and Community Development:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN AMENDMENT NO. 22-02 (2022 HOUSING ELEMENT)
4.3. Staff Report
4.4. 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 to renew the PBID and approve an Agreement for implementation of the PBID Management Plan. (Report - Jennifer Macarthy, Deputy City Manager)
Recommendation : The City Manager recommends the following:
1) Adoption of the following Resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ACCEPTING THE MANAGEMENT DISTRICT PLAN AND FINAL ENGINEER'S REPORT, RENEWING THE DOWNTOWN CHICO PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT FOR A PERIOD OF FIVE YEARS AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT 2) Authorization for the City Manager to enter into the following Agreement:
AGREEMENT BETWEEN CITY OF CHICO AND DOWNTOWN CHICO PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT FOR IMPLEMENTATION OF MANAGEMENT DISTRICT PLAN
4.5. HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A49 - WASNEY ESTATES A condition of approval of a final subdivision map requires property owner, Ceres SD, LLC, a California Limited Liability Company, to provide a means for funding the future replacement and annual operation and maintenance costs of storm water quality facilities, street trees, irrigated landscape, and dry landscape, which are of special benefit to the subdivision. The new subdivision is located at 2640/2660 Ceres Avenue, APN 015-200-049 and -057. (Report - Leigh Ann Sutton, Director of Public Works - Engineering) Recommendation : The Director of Public Works - 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. A49 - WASNEY ESTATES
4.5. Staff Report
5. REGULAR AGENDA
5.1. COUNCIL BALLOT MEASURE - QUALITY OF LIFE
At the City Council meeting of June 21, 2022, Vice Mayor Reynolds brought forward a draft of an ordinance entitled the "Quality of Life Act," which would entitle residents or organizations to a private right of action against the City due to the existence of a public nuisance on City-owned public property, and would require the City to abate any condition deemed a public nuisance. For the reasons depicted in the July 5, 2022 staff report, Council declined to adopt the Act. Council directed the City Attorney's office to draft an ordinance for placement on the November 8, 2022 ballot which would succeed against potential legal challenges. Council further directed the City Attorney's office to bring forth a proposed charter amendment to create a commission related to improvement of quality of life, for Council's consideration. (Report - Vincent C. Ewing, City Attorney)
Recommendation : It is the recommendation of the City Attorney that the Council consider adoption of an ordinance permitting citizens to demand the City abate public nuisances on City-owned public property, attached to this report as Attachment A. If the Council desires to submit the ordinance to the voters of the City, the City Attorney further recommends the Council adopt a resolution calling for the Ordinance to be placed on the November 8, 2022 ballot, setting priorities for filing a written argument and rebuttal, and directing the City Attorney to prepare an impartial analysis for the ballot argument. If the Council desires to submit a charter amendment to the voters of the City, the City Attorney further recommends the City Council provide direction and request staff take all actions required to initiate the charter amendment procedure.
5.1. Staff Report
5.2. VICE MAYOR REYNOLDS REQUEST - CITY OPTIONS WITHIN SETTLEMENT AGREEMENT - Continued from the 7/5/22 Council meeting) At its meeting of 6/7/22, the Council voted to agendize a request from Vice Mayor Reynolds to discuss what the City can do within the confines of the Settlement Agreement to improve the quality of life in Chico.
5.2. Vice Mayor Reynolds Request
5.3. 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 agreed to include it on a subsequent agenda.
6.1. CITY MANAGER’S REPORT - Verbal Report, City Manager Sorensen
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 would be needed in order for staff to agendize. Councilmembers may also submit requests in writing.
7. ADJOURNMENT - Adjourned at 10.02 p.m. to the City Council Closed Session meeting on September 6, 2022, at 5:00 p.m., followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
August 2, 2022
5:00 p.m.
8/2/22 Agenda
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All Members were present.
2. CLOSED SESSION AGENDA
2.1. CLOSED SESSION PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - None
2.2. CLOSED SESSION – Council will recess to Closed Session in Conference Room 2
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 Fire Management Employees, 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
2.4. 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
2.5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
2.6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8.
A.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: The Lundeen Revocable Inter Vivos Trust Property: A portion of APN 004-288-014
Address: 912 Salem Street, Chico, California 95928
Under Negotiation: Price and Terms of Payment, in association with Salem Street Bridge Replacement Project B.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: The Lee Ann Ferone Separate Property Trust Property: A portion of APN 005-094-017
Address: 945 Salem Street, Chico, California 95928
Under Negotiation: Price and Terms of Payment, in association with Salem Street Bridge Replacement Project C.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: South Chico Chicas, LLC
Property: A portion of APN 004-289-001
Address: 243 W 9th Avenue, Chico, California 95928
Under Negotiation: Price and Terms of Payment, in association with Salem Street Bridge Replacement Project D.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: The Susan V. Jefferies Trust
Property: A portion of APN 005-093-002
Address: 940 Salem Street, Chico, California 95928
Under Negotiation: Price and Terms of Payment, in association with Salem Street Bridge Replacement Project E.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Mark and Heidi Lampe
Property: A portion of APN 005-093-003
Address: 950 Salem Street, Chico, California 95928
Under Negotiation: Price and Terms of Payment, in association with Salem Street Bridge Replacement Project
2.7. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: 5 cases
2.8. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
2.9. CLOSED SESSION ANNOUNCEMEN:
City Attorney Ewing announced that Council met with staff in Closed Session at 5:00 p.m. regarding the matters as listed on the agenda.
No action was taken; direction was provided on the following items:
2.3. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6
2.4. 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
2.5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
2.6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8.
2.7. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: 5 cases
3. ADJOURNMENT – The meeting adjourned at 5:55 p.m. to the Regular City Council Meeting on August 2, 2022 at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.