REGULAR CHICO CITY COUNCIL MEETING March 7, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
3/7/23 Agenda
1.2. Call to Order - Mayor Coolidge called the March 7, 2023 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Zion Community Christian Center - Reverend Penny Derosier
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. March 7, 2023 Closed Session Announcement -
City Clerk Presson announced that Council met in Closed Session regarding the items as noted below:
1.7. Proclamation – American Red Cross Month
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
2.1. RESOLUTION NO. 23-23 - 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 - 115 CHICO CANYON ROAD - ASSESSOR'S PARCEL NO. 018-010-080 (Petition from property owner Oakleaf Properties LLC, by Leslie Depweg, manager) 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)
2.1. Staff Report
2.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO OPPOSING INITIATIVE 21-0042A1 - THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT - Item was continued to a future meeting.
2.2. Staff Report
2.3. FIRE STATION NO. 1 - PHASE 1 & 2 PROJECT CLOSEOUT
On October 11, 2019, the City of Chico entered into a Public Works Agreement with Anthem Builders, Inc. to remodel Fire Station No. 1 in several phases. Anthem failed to complete the work due to bankruptcy, with only a few minor "punch list" items remaining to be completed. The City made a demand on Berkley Insurance Company, the issuer of the performance bond to complete the project. Berkley and the City entered into a Closeout Agreement whereby Berkley hired a new Contractor to complete the work, and the City agreed to pay the remaining contract funds in the amount of $70,816.27 to Berkley. The work has been completed satisfactorily, and the City is now prepared to release the funds to Berkley. (Erik Gustafson, Public Works Director - Operations and Maintenance)
2.3. Staff Report
2.4. CONSIDERATION OF AN AGREEMENT WITH THE DOWNTOWN CHICO BUSINESS ASSOCIATION - This item was not heard and continued to a future meeting.
2.4. Staff Report
2.5. LETTER AGREEMENT BETWEEN CITY OF CHICO AND SEIU, LOCAL 1021 A letter agreement between the City of Chico and Service Employees International Union (SEIU), Local 1021, modifying the Memorandum of Understanding (MOU) effective January 1, 2022 - December 31, 2024, providing a recruitment signing bonus for the Equipment Mechanic II position. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.5. Staff Report
2.6. ACKNOWLEDGEMENT AND ACCEPTANCE OF ANNUAL AUDITED FINANCIAL REPORTS The certified public accounting firm of CliftonLarsonAllen, LLP was engaged by the City Council to perform an audit of the financial statements and perform compliance testing of the City of Chico, Chico Public Financing Authority, Passenger Facility Charge and Chico Urban Area Joint Powers Financing Authority for the fiscal year ended June 30, 2022. (Barbara Martin, Administrative Services Director)
2.6. Staff Report
Attachment 1 Governance Communication Letter
Attachment 2 ACFR Independent Auditors’ Report
Attachment 3 Single Audit Report
Attachment 4 PFC Report
Attachment 5 JPFA Audit Report
Attachment 6 Final Appropriations Limit Report
2.7. APPROVAL OF COUNCIL MEETING MINUTES OF 1/3/23, 1/17/23, 2/7/23, AND 2/21/23
2.7. Draft Minutes
2.8. ITEMS REMOVED FROM THE CONSENT AGENDA - Items 2.2. and 2.4.
3. BUSINESS FROM THE FLOOR - Members of the public may address the Council at this time on any matter not already listed on the agenda, with comments being limited to three minutes or as determined by the Mayor based on the number of speakers. The Council cannot take any action at this meeting on requests made under this section of the agenda.
4. PUBLIC HEARINGS - None
5. REGULAR AGENDA
5.1. BOARD AND COMMISSION ANALYSIS
At its meeting of February 7, 2023, the Council was provided with an overview of the City's current advisory bodies, roles and responsibilities, and meeting information. Council asked the City Clerk to bring back possible modifications related to amending the frequency of meetings for the Bidwell Park & Playground Commission (BPPC) and Climate Action Commission, provide a draft policy statement limiting commissioner's abilities to agendize individual requests, and provide an analysis on the consolidation of the Architectural Review and Historic Preservation Board (ARHPB) duties in with the Planning Commission structure. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation The City Clerk recommends that the Council: (1) review the information being provided and provide direction to staff on how to proceed on frequency of meetings for the BPPC and Climate Action Commission; (2) review and approve the proposed revisions to AP&P's regarding ability of a commissioner to agendize an item; and (3) provide direction, if any, to staff regarding the Architectural Review and Historic Preservation Board..
5.1. Board and Commission Analysis
5.2. APPOINTMENT OF MEMBERS TO THE ARTS COMMISSION, BIDWELL PARK & PLAYGROUND COMMISSION AND PLANNING COMMISSION At the February 21, 2023 meeting, the Council heard from the applicants who had applied for a City advisory body during the 2022 Biennial Recruitment period. At this meeting, the Council will confirm the individual nominations made by Councilmembers van Overbeek and Winslow and Vice Mayor Reynolds by a majority vote. Council will then vote to fill the vacant position on the Arts Commission with that appointee serving out the remaining two-years on that term. (Report – Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends that the Council: (1) confirm the individual nominations by a majority vote; and (2) select one of the remaining Arts Commission applicants to fill the 2-year seat on that commission by majority vote.
5.2. Staff Report
5.3. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-PWE-008 The Public Works Engineering Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2022-23 Budget reallocating unused transportation funding from capital project Lower Park Road Rehab to the newly established Upper Park Road Treatment to better align with City needs as well as request to allocate $4,000,000 in Measure H funds to FY 22/23 paving projects. (Report - Leigh Ann Sutton, Public Works Engineering Director) (Report - Leigh Ann Sutton, Public Works Director-Engineering) Recommendation : The Public Works Engineering Director recommends approval of Supplemental Appropriation/Budget Modification No. 2023-PWE-008.
5.3. Staff Report
5.4. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-3
Amendment of the City of Chico's 2022-23 Fiscal Year Budget Appendix B-1: Employee Pay Schedules and B-3: Schedule of Job Title Allocations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : Approve amendment of Budget Appendices B-1 and B-3, as submitted.
5.4. Staff Report
5.5. VICE MAYOR REYNOLDS REQUEST - DCBA EVENT IN CITY PLAZA At its meeting of 2/21/23, Council voted to agendize at its next meeting, a request from Vice Mayor Reynolds to discuss an upcoming Downtown Chico Business Association event in City Plaza that would require an exemption to the current code to allow serving beer and wine on City property.
5.5. Staff Report
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 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. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS – Information only
6.3. SUNSHINING OF DRAFT MOU - STATIONARY ENGINEERS, LOCAL 39 (L39) - Information only
Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council was provided a draft copy of the Memorandum of Understanding applicable to the L39. This initiated the two week "sunshining" period for Council and community members to review the draft document. A final presentation will be brought forward to Council for consideration at its meeting on March 21, 2023. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
6.3. Staff Report
6.4. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers could 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.
A.
COUNCILMEMBER VAN OVERBEEK REQUEST - CHANGE REFERENCES TO DOWNTOWN CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO "HISTORIC DOWNTOWN CHICO" Councilmember van Overbeek submitted a request to agendize a discussion about changing the references to Downtown Chico in Chico's public documents and signage to "Historic Downtown Chico".
6.4.A. Councilmember van Overbeek Request
B.
COUNCILMEMBER TANDON REQUEST - SUPPORT OF SB 43 AND 363 Councilmember Tandon submitted a request to agendize a discussion for a letter of endorsement/support of Senate Bills 43 and 363 to overhaul the state's behavioral health care system.
6.4.B. Councilmember Tandon Request
7. ADJOURNMENT - Adjourned at 9:16 p.m. to the City Council Closed Session meeting on March 21, 2023, at 5:30 p.m., followed by the Adjourned 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
March 7, 2023
5:30 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
3/7/23 Closed Session Agenda
1. CALL TO ORDER AT 5:30 P.M. IN THE COUNCIL CHAMBER -
No speakers nor any Council disqualifications.
1.1. ROLL CALL - All Members were present.
2. CLOSED SESSION AGENDA
2.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC Case No. 23CV00376. Sierra Club, et al v. City of Chico
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 – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC (ED) Case No. 2:21-cv-00640 – MCE-DMC: Warren v. Chico
2.4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (3 cases)
2.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA
3. ADJOURNMENT – The meeting adjourned at 5:58 p.m. to the Regular City Council Meeting on March 7, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.