REGULAR CHICO CITY COUNCIL MEETING January 17, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 1/17/23 Agenda
1.2. Call to Order - Mayor Coolidge called the January 17, 2023 - Adjourned Regular meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Police Chaplain, JD Juarez
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. January 17, 2023 Closed Session Announcement
1.7. Proclamation – Dino Corbin, 50 Years of Service
1.8. Presentation – Jesus Center, Amber Abney-Bass
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
2.1. ORDINANCE NO. 2582 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA - Final reading and adoption by reading of title only ORDINANCE NO.2583 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO ADD THE VALLEY'S EDGE SPECIFIC PLAN ZONING OVERLAY DISTRICT - Final reading and adoption by reading of title only ORDINANCE NO.2584 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO LAND INVESTMENTS, LLC - Final reading and adoption by reading of title only On 01/03/2023, the City Council conducted a public hearing and introduced ordinances that would: (1) amend the pre-zoning of the subject site consistent with the VESP, (2) amend the municipal code to add a zoning overlay that would implement the VESP, and (3) approve Development Agreement 22-01, between the City of Chico and Chico Land Investments, LLC, regarding development of the VESP. The 1,448-acre site located immediately east of the City limits between Stilson Canyon Road, and Honey Run Road, with access from East 20th Street and Skyway Road, identified by Assessor's Parcel Nos. 018-390-005, 018-390-007, 017-210-005, 017-210-006, 017-240-023, and 017-260-119. (Mike Sawley, Principal Planner
)
2.1. Staff Report
2.2. ORDINANCE NO. 2585- ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION - Final reading and adoption by reading of title only
2.2. Staff Report
2.3. RESOLUTION NO. 10-23 - 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 - 1316 NORD AVENUE - ASSESSOR'S PARCEL NO. 043-200-004 (Petition from property owner Islamic Center of Chico, Inc. by Ahmed Abouesh) Adopted a resolution 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
)
2.3. Staff Report
2.4. RESOLUTION NO. 11-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE PORTIONS OF THE BRICE AVENUE AND LA VISTA WAY PUBLIC RIGHT-OF-WAY Adopted a resolution of intention to abandon and vacate a portion of Brice Avenue and La Vista Way public right-of-way as shown on the map entitled "College Terrace" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at page 5 and on the map entitled "College Park" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at pages 32-33. The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. ( Leigh Ann Sutton, Public Works Director - Engineering
)
2.4. Staff Report
2.5. RESOLUTION NO. 12-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE PORTIONS OF THE CHESTNUT STREET PUBLIC RIGHT-OF-WAY AND ADJACENT ALLEYS/PUBLIC UTILITY EASEMENTS IN BLOCK 19 OF THE MAP ENTITLED "BARBER FIRST ADDITION TO CITY OF CHICO" Adopted a resolution of intention to abandon and vacate portions of the Chestnut Street public right-of-way and adjacent alley/public utility easements in Block 19 of the entitled "Barber First Addition to the City of Chico." The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. (Leigh Ann Sutton, Public Works Director - Engineering)
2.5. Staff Report
2.6. RESOLUTION NO. 13-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE, AUTHORIZING
DESTRUCTION
OF CERTAIN CITY RECORDS
Adopted a resolution adopting a revised records retention schedule. The City has been upgrading its records management program, including its records retention policies. The adoption of this retention schedule will result in efficiency gains and cost savings. Chico selected Gladwell Governmental Services, Inc., an expert in local government records, to upgrade its records management program. An upgrade in the existing program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, and take advantage of current technology and changes in law. ( Deborah R. Presson, City Clerk & Elections Official)
2.6. Staff Report
2.7. RESOLUTION NO. 14-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, RESCINDING THE LOCAL EMERGENCY DECLARED BY THE CITY OF CHICO DUE TO THE OUTBREAK OF COVID-19 AND RESCINDING RESOLUTIONS THAT DECLARED THE LOCAL EMERGENCY (RESOLUTION NOS. 7-20, 20-20, AND 41-20) Adopted a resolution rescinding the COVID Local Emergency. The City Council declared a Local Emergency due to the outbreak of COVID-19 on March 25, 2020. The Council passed a motion to rescind the COVID-19 local emergency on October 4, 2022. The Council was requested to memorialize the recission through the adoption of a resolution. ( Jennifer Macarthy, Deputy City Manager
)
2.7. Staff Report
2.8. AUDIT REPORT OF CITY FINANCIAL STATEMENTS - REQUEST FOR EXTENSION The completion of the audit of the City of Chico's Financial Statements has been delayed due to new reporting requirements and staffing levels. The Administrative Services Director was requesting an extension to present the audit report to March 7, 2023. ( Barbara Martin, Administrative Services Director
)
2.8. Staff Report
2.9. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 12/6/22
2.9. Draft Minutes 12/6/22
2.10. ITEMS REMOVED FROM THE CONSENT AGENDA -
Item 2.1.
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on any matter 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. CONSIDERATION OF A RESOLUTION AMENDING EXHIBIT "4" OF THE CITY FEE SCHEDULE 50.050 - SEWER SERVICE RATES Costs for ongoing wastewater treatment have increased over the years to address more stringent regulations, and operational needs, while sewer fees collected by the City have remained largely unchanged. Capital Improvement Projects (CIP) for the collection system have not been realized due to low revenue collection causing infrastructure to age far beyond its normal useful life in many areas. The lack of sufficient funding for both the Water Pollution Control Plant (WPCP) and collection system have become concerning for staff which triggered a broad and full sewer analysis to study all aspects of the sewer utility over the last several years. Both the Finance Committee and City Council have reviewed and discussed recommendations, with Council approving a new rate schedule at the September 6, 2022 meeting. This was the final public hearing to satisfy Proposition 218 requirements and if passed will allow the City to adopt the new rate schedule. ( Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Recommendation : The Public Works Director - Operations and Maintenance recommends the City Council hold the public hearing and adopt the following resolution to approve the new sewer service rates:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING EXHIBIT "4" OF THE CITY FEE SCHEDULE 50.050 - SEWER SERVICE RATES (AMENDMENT NO. 348)
4.1. Staff Report
5. REGULAR AGENDA
5.1. FINANCE COMMITTEE RECOMMENDATION - DOWNTOWN CHICO BUSINESS ASSOCIATION FUNDING REQUEST At its meeting of 10/26/22, the Finance Committee considered a proposal from the Downtown Chico Business Association requesting financial support from the City of Chico over the next three years totaling $422,400. ( Report - Councilmember Morgan, Chair of the Finance Committee) Recommendation : The Finance Committee recommends Council consider the funding request from the (DCBA) and allow a 15-minute presentation by the DCBA.
5.1. Staff Report
5.2. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - CHICO FIRE MANAGEMENT EMPLOYEES (CFME) A resolution which modified the pay and benefit provisions applicable to the Chico Fire Management Employees (CFME), resulting from recently concluded negotiations. (Report - Chelsea Phebus, 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 CHICO FIRE MANAGEMENT EMPLOYEES (CFME) REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025 (2022 MOU-CFME)"
5.2. Staff Report
5.3. CONSIDERATION OF A SHOP LOCAL CAMPAIGN
This report provided an overview of the creation of a Shop Local campaign, focusing on business awareness and consumer awareness. Funding for the program was recommended from a re-allocation of one-time American Rescue Plan Act funds. ( Report - Jennifer Macarthy, Deputy City Manager)
Recommendation : The City Manager recommends that City Council: 1. Approve the outline of the proposed Shop Local Campaign, and 2. Approve the reallocation of $200,000 in funding from the Downtown Sidewalk Project to the Shop Local Campaign.
5.3. Staff Report
5.4. COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN ZONES IN THE DOWNTOWN At its meeting of 12/6/22, Council voted to agendize a request from Councilmember van Overbeek to discuss pedestrian zones to increase the vitality of downtown by increasing pedestrian traffic.
5.4. Councilmember van Overbeek Request - Pedestrian Zones
5.5. COUNCILMEMBER VAN OVERBEEK REQUEST - DIAGONAL PARKING ON SALEM STREET, BROADWAY, AND MAIN STREETS At its meeting of 12/6/22, Council voted to agendize a request from Councilmember van Overbeek to discuss the implementation of diagonal parking on Salem Street, Broadway, and Main Street between 1st and 9th Streets.
5.5. Councilmember van Overbeek Request - Diagonal Parking
5.6. ITEMS ADDED AFTER THE POSTING OF THE AGENDA
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 - 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 is needed in order for staff to agendize. Councilmembers may also submit requests in writing.
A.
COUNCILMEMBER TANDON REQUEST - FUNDING BUTTE COUNTY LIBRARY CHICO BRANCH Councilmember Tandon had submitted a request to agendize a discussion regarding City funding to keep the Chico Branch of the Butte County Library open.
6.2.A. Councilmember Tandon request - Library Funding
7. ADJOURNMENT - Adjourned at 10:04 p.m. to the City Council Closed Session meeting on February 7, 2023, 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
January 17, 2023
5:00 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
1/17/23 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. 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 – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement – No on Measure H et al v. City of Chico, et al
2.3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC - Eastern District, Case No.: 2:18-CV-KJM-DMC: Grace Dwyer v. City of Chico, et al
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: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): Renewed Demand for Confidential Personnel Police Records under the California Public Records Act (Gov. Code Sec. 7920.000, et seq.; formerly Gov. Code Sec. 6250, et seq.)
2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA- None
3. ADJOURNMENT – Closed Session adjourned to the Adjourned Regular City Council Meeting on January 17, 2023, at 5:45 p.m. in the Council Chamber, 421 Main Street, Chico, CA.