ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - October 4, 2022 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the October 4, 2022 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Anne Madsen, Church of Jesus Christ Latter Day Saints
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
Present: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge
Absent: None
October 4, 2022 Closed Session Announcement - The City Attorney announced that Council met in Closed Session at 5:00 p.m. with staff on the following items. No action was taken; direction was provided
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
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 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement - No on Measure Het al v. City of Chico, et al CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(a): BCSC: Case No. 22CV01393: Matthew A. Thompson vs. City of Chico, Brendan Ottoboni
1.7. Mayor's Achievement in the Arts Awards
1.8. Presentation by Butte County Local Food Network
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and enacted by one motion.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the Consent Agenda, as read
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES:
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2.1. RESOLUTION NO. 57-22 - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF CHICO TO ABANDON AND VACATE PUBLIC RIGHT-OF-WAY PURSUANT TO THE PUBLIC
STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW - (IN THE VICINITY OF 951 WALNUT STREET - APN 004-290-021).
City Council adopted a resolution of intention to abandon and vacate public right-of-way in the vicinity of 951 Walnut Street and scheduling the public hearing on November 1, 2022. (Leigh Ann Sutton, Public Works Director, Engineering)
2.2. APPROVAL OF COUNCIL MEETING MINUTES OF 9/20/22
2.3. ITEMS REMOVED FROM THE CONSENT AGENDA - None
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.
Addressing the Council were James Hutchinson, Adela Carrillo, Nancy Park, and Jesica Giannola.
4. PUBLIC HEARINGS
4.1. HEARING UNDER THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) TO
CONSIDER THE ISSUANCE OF TAX-EXEMPT REVENUE BONDS FOR NEW MEDICAL
FACILITIES
Hearing - to consider a resolution approving the issuance of California Statewide Communities Development Authority insured tax-exempt obligation for the financing of certain medical facilities in an aggregate principal amount not to exceed $400 million. In order for the bonds to qualify as tax- exempt bonds, federal tax laws require that a governmental unit having jurisdiction over the area in which the financed project is located, hold a public hearing and approve the financing of the bonds by resolution. The City will not incur any indebtedness and will have no liability with respect to the 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 Councilmember Morgan to adopt the following resolution:
TEFRA RESOLUTION NO. 58-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHICO APPROVING THE ISSUANCE OF THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (ENLOE MEDICAL CENTER), SERIES 2022 IN AN AGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $425 MILLION FOR HT EPURPOSE OF
FINANCING THE ACQUISITION, CONSTRUCTIONS, IMPROVEMENT, EXPANSION,
REMODELING, RENOVATION, FURNISHING AND EQUIPPING OF THE HEALTH CARE AND
RELATE FACILITIES OF ENLOE MEDICAL CENTER AND CERTAIN OTHER MATTERS
RELATING THERETO
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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4.2. HEARING TO AMEND THE CITY'S FEE SCHEDULE ADDING NEW FEES FOR THE CHICO
COMMERCIAL CANNABIS PROGRAM
Under the ordinances establishing and regulating commercial cannabis businesses within the City of Chico, fees needed to be established by a resolution being adopted by Council to seek reimbursement for staff costs associated with renewal of the cannabis permit as well as additional cannabis related fees. (Report- Angie Dilg, Management Analyst) Mayor Coolidge opened the hearing to the public. Addressing the Council were Jesica Giannola and James Hutchinson.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to adopt the following resolution:
RESOLUTION NO. 59-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
AMENDING THE CITY'S FEE SCHEDULE ADDING NEW FEES FOR THE CITY OF CHICO COMMERCIAL CANNABIS PROGRAM (AMENDMENT NO. 347 - FEE SCHEDULES: 21.040) The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING THE APPLICATION AND
ADOPTING THE PLA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION
PROGRAM
The California Department of Housing and Community Development (HCD) announced the release of the 2022 Permanent Local Housing Allocation (PLHA) Notice of Funding Availability on August 17, 2022. The City of Chico, as an Entitlement Local government, was eligible for a non-competitive award of PLHA funds to implement plans and programs to address homelessness and increase affordable housing stock in the city. Staff recommended allocating the five-year funding to assist persons who are experiencing or at risk of homelessness, and more specifically, to support emergency shelter operations. (Report -MaryJo Alonzo, Housing Program Analyst) Mayor Coolidge opened the hearing to the public. Addressing the Council was Jesica Giannola.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to adopt the following resolution:
RESOLUTION NO. 60-22 - RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING THE
APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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4.4. HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A47 -
MERIAM PARK SUBDIVISION PHASE E BUNGALOW COMMONS
A condition of approval of a final subdivision map requires the property owner, MP Northfork, LLC, to provide a means for funding the future replacement and annual operation and maintenance costs of certain public improvements which include landscaped and irrigated medians, Greens E1 and E2, Bio Cells, and street trees, which are of special benefit to the subdivision. The new maintenance assessment district is located within the Meriam Park Development, eastside of Notre Dame Boulevard between Hartford Drive and Tapia Way. (APN 002-180-167 Portion). (Report - Leigh Ann Sutton, Public Works Director - Engineering)
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 Councilmember Brown to adopt the following resolution:
RESOLUTION NO. 61-22 - 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. A47 - MERIAM PARK
SUBDIVISION PHASE E BUNGALOW COMMONS
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
4.5. HEARING ORDERING THE ABANDONMENT AND VACATION OF A PORTION OF TWO (2)
PUBLIC UTILITY EASEMENTS PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (BELVEDERE HEIGHTS SUBDIVISION PHASE 4 ASSESSOR'S PARCEL NOS. 018-580-075 AND 018-580-076)
The Council held a public hearing on the abandonment and vacation of a portion of two public utility easements on lots 152 and 153 of the Belvedere Heights Subdivision Phase 4, located at the northerly terminus of Dawncrest Drive. At its meeting of September 6, 2022, the City Council adopted a resolution of intention (53-22) to abandon a portion of two public utility easements of APNs 018- 580-075, and 018-580-076 and scheduled a public hearing for this meeting. Bill Webb Construction, Inc. petitioned the City of Chico to abandon these two public utility easements which would allow for a better overall design for their project. (Report - Leigh Ann Sutton, Public Works Director - Engineering)
Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed A motion was made by Councilmember Brown and seconded by Councilmember Morgan to adopt the following resolution:
RESOLUTION NO. 62-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING ABANDONMENT AND VACATION OF A PORTION OF TWO (2) PUBLIC UTILITY EASEMENTS
PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (BELVEDERE HEIGHTS SUBDIVISION PHASE 4 APN'S 018-580-075 AND 018-580-076) The motion failed by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
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REGULAR AGENDA
5.1. CONFIRMATION OF INTERIM CHIEF OF POLICE
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 presented with the employment agreement for the Interim Chief of Police. (Report - Mark Sorensen, City Manager) Addressing the Council was James Hutchinson.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to confirm the appointment of Billy Aldridge as Interim Chief of Police, with an annual salary of $178,500.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
5.2. CONSIDERATION OF TERMINATION OF THE LOCAL EMERGENCY (COVID-19) The City Council declared a Local Emergency due to the outbreak of COVID-19 on March 25, 2020. Pursuant to Government Code Section 8630, the City Council is to proclaim the termination of the emergency at the earliest possible date that conditions warrant. On September 12, 2022, the Internal Affairs Committee recommended the Council consider termination of the Local Emergency. (Report - Jennifer Macarthy, Deputy City Manager) The Council recessed at 7:08 for a ten-minute break. The meeting was reconvened, and all members were present.
Addressing the Council on this item was Jesica Giannola.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to accept the Internal Affairs Committee recommendation to end the COVID-19 Local Emergency, effective December 1, 2022.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: Brown
5.3. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None 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, City Manager Sorensen
6.2. COUNCILMEMBER REQUESTS - None
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6.3. SUNSHINING OF DRAFT MOU - CHICO MANAGEMENT EMPLOYEES (CME) - Information only Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council October 18, 2022. (Report - Amanda Patton, Interim Director of Human Resources & Risk Management)
6.4. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
7. ADJOURNMENT - Adjourned at 7:36 p.m. to the City Council Closed Session meeting on October 18, 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.
Date Approved: /drp 10/18/22
stewart herse.
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
October 4, 2022
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 recessed at 5:00 p.m. 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)) hico Police Management, Chico Police Officers Association, Chico Public Safety Associatior 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 - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement - No on Measure Het al v. City of Chico, et al
2.6. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01393: Matthew A. Thompson vs. City of Chico, Brendan Ottoboni
2.7. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - Item 2.6.
2.8. CLOSED SESSION ANNOUNCEMENT - Council met in Closed Session with staff to discuss the items listed above. No action was taken; direction was provided.
ADJOURNMENT - The meeting adjourned at 5:46 p.m. to the Regular City Council Meeting on October 4, 2022 at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 10/18/22
Nebrand Pessou
Deborah R. Presson, MMC, City Clerk
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