Agenda — Chico City Council, April 4, 2023

REGULAR CHICO CITY COUNCIL MEETING April 4, 2023
Chico Municipal Center, Council Chamber, 421 Main Street

1.1. REGULAR CITY COUNCIL MEETING

1.2. Call to Order - Mayor Coolidge called the April 4, 2023 - Regular City Council meeting to order in the Council Chamber, 421 Main Street, Chico, CA at 6:00 p.m.

1.3. Invocation - Pastor Cherise Gardner, Chico Adventist Church

1.4. Pledge of Allegiance to the Flag
4/4/23 Council Agenda

1.5. Roll Call

1.6. April 4, 2023, Closed Session Announcement
City Attorney Ewing announced that Council met in Closed Session with staff on the following items, with Council to continue the evaluations during breaks.

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)) & Chelsea Phebus, Human Resources Director 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 - No action was taken; direction was provided.

2.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8. - No action was taken; direction was provided.

Agency Negotiator: Mark Sorensen, City Manager
Property Owner: Successor Agency to Former Chico Redevelopment Agency Party negotiating with: Successor Agency to Former Chico Redevelopment Agency Properties: 002-180-087, 002-180-088, 002-180-089, and 002-180-095 Under Negotiation: Price and Terms of Payment

2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager

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 - No action was taken; direction was provided.

2.5. 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 - No action was taken; direction was provided.

2.6. 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

2.7. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC, (ED) Ninth Circuit: 21-16929; EDCA: 2:19-CV-00007-MCE-CKD: Duarte v. City of Stockton, et al.; 60 F.4th 566, No. 21-16929 (9th Cir. Feb. 16, 2023). - No action was taken; direction was provided.

2. CONSENT AGENDA

2.1. ORDINANCE NO. 2586 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTER 14.70 OF THE CHICO MUNICIPAL CODE TO REGULATE THE USE OF PUBLIC RIGHT-OF-WAY FOR OPERATION OF OUTDOOR CAFÉS - Final reading and adoption, by reading of title only Adopted an ordinance amending the Chico Municipal Code to further regulate outdoor cafes in the public right-of-way to allow for expanded participation, and to evaluate the Outdoor Café process for efficiency opportunities. (Jennifer Macarthy, Deputy City Manager)

2.1. Ordinance - Outdoor Cafes

2.2. RESOLUTION NO. 26-23 - 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 - 1153 FILBERT AVENUE - ASSESSOR'S PARCEL NO. 045-260-011 (Petition from property owner Cindy E. Towner) RESOLUTION NO. 27-23 - 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 - 1925 MANZANITA AVENUE - ASSESSOR'S PARCEL NO. 045-412-064 (Petition from property owners Holly Kralj and Eric Allen Berg) 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. (Public Works - Engineering)

2.2. Staff Report

2.3. RESOLUTION NO. 28-23 - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY (HERITAGE LANDING APARTMENTS) TO CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A16; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023/24 Adopted a resolution of intention to modify an existing maintenance district to include the residential and development identified as Heritage Landing Apartments within the boundary of the Maintenance District. The new development to be added will use and derive the same benefits and will pay their fair share of special benefit costs associated with the ongoing annual maintenance of the improvements that are to be levied and collected through the District. (Public Works - Engineering)

2.3. Staff Report

2.4. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1
An amendment to the City of Chico's 2022-23 Fiscal Year Budget Appendix B-1, modifying the pay scale allocation for Code Enforcement Supervisor within the United Public Employees, California, Local 792 bargaining unit. (Chelsea Phebus, Director of Human Resources & Risk Management)

2.4. Staff Report

2.5. APPROVAL OF LEASE AGREEMENT AMENDMENT WITH CHICO HISTORY MUSEUM The current lease between the City of Chico and the Chico History Museum commenced on April 18, 2018, with a termination date of April 17, 2023. Chico History Museum requested to extend the current lease agreement with the City to continue to operate and maintain a museum on City property, which is of general public benefit. Approval would authorize the City Manager to execute an amendment to the lease agreement to extend the lease for a five (5) year term, with the option for an additional five (5) year extension thereafter, by and between the City of Chico and Chico History Museum. (Angie Dilg, Management Analyst)

2.5. Staff Report

2.6. RESOLUTION NO. 29-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO AUTHORIZING A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION CLEAN CALIFORNIA LOCAL GRANT PROGRAM Adopted a resolution authorizing an application to the Clean California Local Grant Program requesting $3 million for landscaping and other improvements to the Park Avenue corridor. The application also includes replacing "The Plow" art piece and a new gateway arch over Meyers Street. (Erik Gustafson, Public Works Director-Operations & Maintenance.)

2.6. Staff Report

2.7. ITEMS REMOVED FROM THE CONSENT AGENDA - None

3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on matters 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 TO CONSIDER THE 2023-2024 DRAFT ANNUAL ACTION PLAN FOR THE USE OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANT (HOME) FUNDS The City receives an annual award of community development and housing funds from the Federal Department of Housing and Urban Development (HUD). Each year, the City must submit an Annual Action Plan (AAP) to HUD describing the City's plans for using these funds in the upcoming year. (Report - MaryJo Alonzo, Housing Program Analyst)
Recommendation : The Community Development Director recommends that City Council 1) hold a public hearing on the Draft 2023-2024 Annual Action Plan; 2) consider any public comment received during the hearing; and 3) schedule a public hearing on the final Annual Plan at the end of the 30-day public comment period to be held during the City Council meeting on May 2, 2023.

4.1. Staff Report

5. REGULAR AGENDA

5.1. VALLEY'S EDGE REFERENDUM ON RESOLUTION 08-23 AND REFERENDUM ON RESOLUTION 09-23 At this meeting, the Council considered the certification of sufficiency of signatures for the referendum on Resolution 08-23 related to the Valley's Edge general plan amendment and the referendum on Resolution 09-23 approving the Valley's Edge Specific Plan. The Butte County Elections Division notified the City on March 20, 2023, that their review of the signatures was complete and deemed sufficient. Council will consider its options related to the referendum process and provide direction to staff, which could include: (1) repeal of the original resolutions; or (2) call for an election to be held not less than 88 days from the date the resolution calling for the election is adopted and not later than the City of Chico's next regular municipal election in November 2024. Council can provide additional direction to staff as needed. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends that the Council accept the certification of the sufficiency of signatures and provide direction to staff on how to proceed.

5.1. Staff Report

5.2. ASSEMBLY BILL 481 (AB 481) - ANNUAL MILITARY EQUIPMENT USE REPORT A Chico Police Department Annual Military Equipment Use Report had been prepared for the timeframe of April 18, 2022, through March 29, 2023. The report contains a summary of the purpose for Chico PD's military equipment, its usage, total annual costs, quantity possessed, quantity requested for future, as well as a summary of complaints, concerns, and any internal audits. (Report - Billy Aldridge, Chief of Police)
Addressing the Council were Ann Polivka, Diane Susuki, Nichole Nava, Blake Ellis, Alicia Trider, Sisarie Sherry, Chris Nelson, Marty Dunlap, Jesica Giannola, Shelby Herbert, and Julian Zener.

Recommendation : It is the recommendation of the Chief of Police that Council review the Chico Police Department Annual Military Equipment Use Report and vote to renew Chico City Council Ordinance No. 2576, the "Military Equipment Use Policy 709".

5.2. Staff Report

5.2. ASSEMBLY BILL 481 (AB 481) - ANNUAL MILITARY EQUIPMENT USE REPORT A Chico Police Department Annual Military Equipment Use Report has been prepared for the timeframe of April 18, 2022, through March 29, 2023. The report contains a summary of the purpose for Chico PD's military equipment, its usage, total annual costs, quantity possessed, quantity requested for future, as well as a summary of complaints, concerns, and any internal audits. (Report - Billy Aldridge, Chief of Police)
Addressing the Council were Ann Polivka, Diane Susuki, Nichole Nava, Blake Ellis, Alicia Trider, Sisarie Sherry, Chris Nelson, Marty Dunlap, Jesica Giannola, Shelby Herbert, and Julian Zener.

5.3. COMMISSION INTERVIEWS FOR AIRPORT COMMISSION AND CLIMATE ACTION COMMISSION POSITIONS At this meeting the Council will hear from citizens interested in serving on either the Airport Commission or Climate Action Commission. Pursuant to AP&P 10-1, at this meeting the Council will hear directly from the applicants regarding their desire to serve on a City board or commission. Please note that attendance by the applicants at this meeting is encouraged but not required in order to be considered for appointment. (Report – Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends Council hold the interviews and once completed, turn in the nomination forms to the City Clerk by April 11, 2023.

5.3. Staff Report

5.4. VICE MAYOR REYNOLDS REQUEST FOR RECONSIDERATION OF AN AGENDA ITEM PURSUANT TO AP&P 10-10 - COUNCIL RULES OF PROCEDURES - Continued to the April 18, 2023 meeting.

At its meeting of 3/21/23, the Council approved a request from Vice Mayor Reynolds for reconsideration of Agenda Item 5.2. heard at the 3/7/23 meeting related to the appointment of citizens to serve on the Planning Commission which she had been on the prevailing side of the vote. The reconsideration of a prior Council action is set forth in AP&P 10-10 Council Rules of Procedures. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends that Council hear the reconsideration of this item and provide direction, if any.

5.4. Staff Report

5.5. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 12.18 AND 12R.04 OF THE CHICO MUNICIPAL CODE TO ALLOW FOR ALCOHOLIC BEVERAGES IN CITY PLAZA - Continued to the April 18, 2023 meeting.

On March 7, 2023, the City Council directed staff to prepare amendments to the City of Chico Municipal Code to allow for events containing alcohol in the City Plaza if proper permits and approvals are obtained. The recommended code amendments accomplished this objective. (Report - Angie Dilg, Management Analyst)
Recommendation : The City Manager recommends the City Council introduce the following ordinance by reading of title only.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTERS 12.18 AND 12R.04 ADDING TO THE CHICO MUNICIPAL CODE SECTION 12.18.065 and 12R.04.060, TITLED "ALCOHOLIC BEVERAGES - CITY PLAZA"

5.5. Staff Report

5.6. CONSIDERATION OF THE URBAN FOREST MASTER PLAN
- Continued to the April 18, 2023 meeting.

In September 2018, the city was awarded an Urban and Community Forestry Climate Change Investments (CCI) Grant from the California Department of Forestry and Fire Protection (CalFire). The grant award from CalFire was divided into four broad phases with the fourth and final phase requiring development and approval of an Urban Forest Master Plan (UFMP). The UFMP will serve as a roadmap and planning document to properly manage the urban forest and increase the tree canopy over the next several decades. The UFMP will also serve as a critical document when searching for outside funding sources and grants related to urban forest management and health. (Report - Erik Gustafson, Public Works Director O&M)
Recommendation : The Bidwell Park and Playground Commission recommends the City Council consider and approve the Urban Forest Master Plan.

5.6. Staff Report

5.7. COUNCILMEMBER VAN OVERBEEK REQUEST - CHANGE REFERENCES TO DOWNTOWN CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO HISTORIC DOWNTOWN CHICO -
Continued to the April 18, 2023 meeting.

At its meeting of 3/7/23, the Council voted to agendize a request from Councilmember van Overbeek to discuss changing the references to Downtown Chico in Chico's public documents and signage to Historic Downtown Chico.

5.7.Councilmember van Overbeek request - Downtown Chico

5.8. COUNCILMEMBER TANDON REQUEST - SB 43 AND 363
- Continued to the April 18, 2023 meeting.

At its meeting of 3/7/23, the Council voted to agendize a request from Councilmember Tandon to discuss a letter of endorsement/support of Senate Bills 43 and 363 to overhaul the state's behavioral health care system.

5.8. Councilmember Tandon request - SB 43 and 363

5.9. COUNCILMEMBER MORGAN REQUEST - AMENDMENTS TO AP&P 10-10 - Continued to the April 18, 2023 meeting.

At its meeting of 3/7/23, Council voted to agendize a request from Councilmember Morgan to discuss the City's Administrative Policy and Procedures (AP&P) 10-10 and how it refers to Councilmembers seeking to add items to the agenda.

5.9. Councilmember Morgan request - AP&P 10-10

5.10. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None

6. REPORTS AND COMMUNICATIONS
-
Continued to the April 18, 2023 meeting.

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.

COUNCILMEMBER WINSLOW REQUEST - PRO HOUSING DESIGNATION Councilmember Winslow has submitted a request to agendize a discussion regarding a pro-housing designation.

6.2.A. Councilmember Winslow request - Pro Housing Designation B.

COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN WAY SIGNS FOR DOWNTOWN Councilmember van Overbeek has submitted a request to agendize a discussion regarding pedestrian way signs for Downtown.

6.2.B. Councilmember van Overbeek request - Wayfinding signage

7. ADJOURNMENT - Adjourned at 10:02 p.m. to the City Council Closed Session meeting on April 18, 2023, at 5:00 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
April 4, 2023
5:00 p.m.

Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
4/4/23 Council Agenda - Closed Session

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 -
There were no speakers nor any Council disqualifications.

2.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8.

2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager

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 – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC Case No. 23CV00376. Sierra Club, et al v. City of Chico

2.8. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None

3. ADJOURNMENT – The meeting recessed at 5:58 p.m. to the Regular City Council Meeting on April 4, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA. and would later recess back into Closed Session in order to continue the evaluations of the City Manager, City Attorney, and City Clerk.

Chico City CouncilApril 4, 2023

Chico City Council
April 4, 2023