REGULAR CHICO CITY COUNCIL MEETING November 1, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
11/1/22 Agenda
1.2. Call to Order - 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA
1.3. Invocation – Minister Chet Rutledge, Chico Church of Christ
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. November 1, 2022 Closed Session Announcement
1.7. Proclamation - Homeless and Runaway Youth Month
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and enacted by one motion.
2.1. ADOPTION OF SEWER IN LIEU RESOLUTIONS - 1721 CHICO RIVER ROAD AND 418 WEST 12TH AVENUE Adopted - resolutions authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Leigh Ann Sutton, Public Works Director-Engineering) RESOLUTION NO. 66-22: RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 1721 CHICO RIVER ROAD - ASSESSOR'S PARCEL NO. 004-490-030 (Petition from property owner Kurt A. Huffine) RESOLUTION NO. 67-22: RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 418 WEST 12TH AVENUE - ASSESSOR'S PARCEL NO. 043-620-020 (Petition from property owners Michael L. Fisher and Laura Fisher)
2.1. Staff Report
2.2. CONSIDERATION OF A PROPOSAL TO RESTORE NATIVE FISH PASSAGE ON BIG CHICO CREEK AT THE IRON CANYON FISH LADDER IN UPPER BIDWELL PARK The City Council considered supporting a renewed interest by the several regulatory agencies and other interested groups in restoring the Iron Canyon Fish Ladder in Upper Bidwell Park to allow fish, such as spring run Chinook salmon, steelhead and other native species, passage to upstream holding, spawning, and rearing habitats on Big Chico Creek. (Linda Herman, Park & Natural Resources Manager).
2.2. Staff Report
2.3. CONSIDERATION OF SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR A FIVE-YEAR TERM The City of Chico has a long-standing relationship with Carollo Engineering, Inc. and has relied on their expertise as a third-party engineering partner for over twenty years. Carollo has a vast amount of working knowledge of the Water Pollution Control Plant (WPCP) and was the contracted engineering design firm through both expansions. The WPCP has other agreements already in place with Carollo for National Discharge Elimination System (NPDES) permit compliance assistance and other improvements within the sewer utility. Staff proposed to continue a sole source Professional Services Agreement with Carollo Engineers, Inc. for a term of five-years. (Erik Gustafson, Public Works Director - Operations and Maintenance)
2.3. Staff Report
2.4. APPROVAL OF COUNCIL MEETING MINUTES OF 10/18/22
2.4. Draft Minutes
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 could not take any action at this meeting on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.1. HEARING ORDERING THE ABANDONMENT AND VACATION OF RIGHT-OF-WAY EASEMENT IN THE VICINITY OF 951 WALNUT STREET - ASSESSORS PARCEL NUMBER 004-290-021 At its meeting of October 4, 2022, the City Council adopted Resolution No. 57-22 stating its intent to abandon the public utility easements and set the public hearing for this meeting. (Report - Leigh Ann Sutton, Director of Public Works-Engineering) Recommendation : The Public Works Director-Engineering recommends adoption of the following resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING ABANDONMENT AND VACATION OF PUBLIC STREET PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (IN THE VICINITY OF 951 WALNUT STREET - ASSESSOR PARCEL NUMBER 004-290-021)
4.1. Staff Report
5. REGULAR AGENDA
5.1. INTRODUCTION OF AN ORDINANCE ADOPTING THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE AND LOCAL AMENDMENTS Amending the Chico Municipal Code to adopt the 2022 California Building Standards Code will keep the City in conformance with State regulations. The proposed ordinance provides for the adoption of the 2022 edition of the California Building Standards Code which encompasses the Building, Residential, Mechanical, Plumbing, Energy, Electrical, Fire, Historical Building, Existing Building and Green Building Standard Code; re-adopts previous City of Chico local amendments; adopts the 2021 International Property Maintenance Code; and cleans up existing provisions of the Chico Municipal Code to reflect the aforementioned new California Building Standards Code.
The California Health and Safety Code allows cities to amend the California Building Standards Code when deemed necessary and reasonable due to local climatic, geological and topographical conditions. The proposed ordinance makes said findings and determinations to support the local amendments. Local amendments must be more restrictive than State codes, and findings for each amendment must be established and filed with the Building Standards Commission for them to be enforceable. (Report - Brendan Vieg, Community Development Director & Steve Standridge, Fire Chief) Recommendation : The Community Development Director and Fire Chief recommend that the City Council introduce an Ordinance to amend Chico Municipal Code Title 16R, as well as Chapters 16R.02 through 16R.42, all relating to adoption of the 2022 California Building Standards Code by reading of the following ordinance in its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, AMENDING TITLE 16R OF THE CHICO MUNICIPAL CODE RELATING TO THE ADOPTION BY REFERENCE OF THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, RESIDENTIAL, ENERGY, GREEN BUILDING, AND FIRE CODES AND STANDARDS; AS WELL AS THE ADOPTION BY REFERENCE OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING, ADDING OR REPEALING PROVISIONS IN TITLE 16R OF THE CHICO MUNICIPAL CODE FOR THE ADMINISTRATION AND ENFORCEMENT BY THE CITY'S BUILDING DIVISION AND FIRE DEPARTMENT
5.1. Staff Report
5.2. RESOLUTION APPROVING THE COMMUNITY WILDFIRE PROTECTION PLAN Following the catastrophic fires that have affected the region and the City in the last several years, the City Council approved funding for the development of a city specific Community Wildfire Protection Plan (CWPP) in Fiscal Year 2020-2021. The CWPP is a strategic level document that provides a comprehensive assessment of the entire City’s wildland-urban interface hazards and risks that allows a more holistic approach for creating a safer and more resilient community. On September 21, 2022, the Fire Chief received the final the CWPP in accordance with the Healthy Forests Restoration Act requirements. (Report - Steve Standridge, Fire Chief) Recommendation : The Fire Chief recommends adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE COMMUNITY WILDFIRE PROTECTION PLAN
5.2. Staff Report
5.3. CONSIDERATION OF BIDWELL PARK AND PLAYGROUND COMMISSION RECOMMENDATIONS ON REVISIONS TO THE CHICO MUNICIPAL CODE REGARDING PARK RULES At its 2/10/22 meeting, the Chico City Council approved Mayor Coolidge’s request to direct the Bidwell Park and Playground Commission (BPPC) to review certain park rules and Chico Municipal Code (CMC) regulations. Over several meetings, the Commission reviewed pertinent park regulations and provides several recommendations to the City Council for potential revisions to the Chico Municipal Code. If any or all of the recommendations are approved by the City Council, Staff will bring a confirming Ordinance and Resolution to amend the pertinent Chico Municipal Code Sections at a future Council meeting. (Report - Linda Herman, Park & Natural Resources Manager) Recommendation : The Bidwell Park & Playground Commission recommends City Council approval of the following proposed Chico Municipal Code amendments or actions:
1. Designating all City Parks as Drug Free Zones.
2. Changing the closing time for City parks and greenways from 11:00 p.m. to 10:00 p.m., except City Plaza and for the Observatory Upper Park closing times would remain at 11:00 p.m.
3. Reducing the speed limit for vehicles and bicycles in Lower Bidwell Park from 20 mph to 15 mph.
4. Staff providing more specific information to the Rangers and the Police Department on the current CMC noise related codes.
5. Installing the new rules signs in Bidwell Park and those City greenways where camping restrictions are enforceable.
5.3. Staff Report
5.4. CONFIRMATION OF DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT 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 Director of Human Resources & Risk Management. (Report - Mark Sorensen, City Manager) Recommendation : A. 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 Director of Human Resources & Risk Management employment agreement as follows: "The City Manager is proposing to enter into an employment agreement with Chelsea Phebus as the Director of Human Resources & Risk Management; and The City Manager is proposing to appoint Chelsea Phebus with an annual salary of $132,080.00." B. The City Manager recommends Council Confirmation of the appointment of Chelsea Phebus as Director of Human Resources & Risk Management.
5.4. Staff Report
5.5. CONFIRMATION OF DEPUTY DIRECTOR - COMMUNITY DEVELOPMENT/BUILDING OFFICIAL 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 Deputy Director - Community Development/Building Official. (Report - Mark Sorensen, City Manager) Recommendation : A. 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 Deputy Director - Community Development/Building Official employment agreement as follows: "The City Manager is proposing to enter into an employment agreement with Dale Fletcher as the Deputy Director - Community Development/Building Official; and The City Manager is proposing to appoint Dale Fletcher with an annual salary of $140,000.00." B. The City Manager recommends Council Confirmation of the appointment of Dale Fletcher as Deputy Director - Community Development/Building Official.
5.5. Staff Report
5.6. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) A Resolution which modifies the pay and benefit provisions applicable to International Association of Fire Fighters (IAFF), resulting from recently concluded negotiations. (Report - Amanda Patton, Interim Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS REGARDING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT JULY 1, 2021 THROUGH JUNE 30, 2025 (2022 MOU - IAFF)"
5.6. Staff Report
5.7 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, City Manager Sorensen
6.2. COUNCILMEMBER REQUESTS - None
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS – Information only
6.3. Staff Report
7. ADJOURNMENT - Adjourned at 7:08 p.m. to the City Council Closed Session meeting on November 15, 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.
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER - CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL Closed Session Meeting Agenda
November 1, 2022
11/1/22 Agenda - Closed Session
1.1. ROLL CALL - All members were present, Councilmember O’Brien was absent.
2. CLOSED SESSION AGENDA - No members of the public addressed the Council on any item on the Closed Session agenda.
2.1. 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
2.2. 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
2.3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): One case
2.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
2.5. CLOSED SESSION ANNOUNCEMENT
City Attorney Ewing announced that Council met with staff in Closed Session at 5:00 p.m. where they received updates on the matters listed on the Agenda. No action was taken, direction was provided.
3. ADJOURNMENT - The meeting adjourned at 5:25 p.m. to the Regular City Council Meeting on November 1, 2022 at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.