REGULAR CHICO CITY COUNCIL MEETING May 2, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
5/2/23 Agenda
1.2. Call to Order - Mayor Coolidge called the May 2, 2023 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Pastor Heath Jarrett, Living Hope Fellowship
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. May 2, 2023 Closed Session Announcement - City Attorney Ewing announced that Council met in Closed Session with staff on the following items where no action was taken; direction was provided:
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
2.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager
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) - (2 cases)
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and therefore enacted by one motion.
2.1. ORDINANCE NO. 2586 - 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” – Final reading and adoption
2.1. Ordinance - Alcoholic Beverages City Plaza
2.2. RESOLUTION NO. 32-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO INITIATING PROCEEDINGS AND ORDERING THE PRELIMINARY ENGINEER'S REPORT FOR THE ANNUAL ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2023/2024 RESOLUTION NO. 33-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT, AND DECLARING THE CITY'S INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2023/2024, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING Adopted resolutions to initiate proceedings and declare the Council's intent to levy and collect the annual assessments for the Husa Ranch/Nob Hill Neighborhood Park Landscaping and Lighting District No. LLD 001-08 for the 2023/2024 fiscal year, and to set a public hearing on June 6, 2023 regarding this proposed assessment. (Erik Gustafson, Public Works Director - Operations & Maintenance)
2.2. Staff Report
2.3. RESOLUTION NO. 34-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FOR STATE WATER RESOURCES CONTROL BOARD WASTEWATER CONSOLIDATION PROGRAM FOR THE MOUNTAIN VIEW ACRES/RANCHO CHICO/CHICO CREEK MOBILE HOME PARK WASTEWATER CONSOLIDATION PROJECT In March of 2023, Public Works-Engineering received inquiries from several Mobile Home Parks for funding assistance to connect to City sewer, those requests were relayed to the Central Valley Regional Water Quality Control Board Wastewater Consolidation Program. Council adoption of a resolution authorizing and approving entering into a grant agreement was required as part of HCD's allocation administration process. (Brendan Ottoboni, Public Works Director-Engineering)
2.3. Staff Report
2.4. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-ASD-004 The Administrative Services Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2022-23 Budget. (Report - Barbara Martin, Administrative Services Director)
2.4. Staff Report
2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 3/7/23 & 3/21/23
2.5. Draft Minutes 3/7/23
2.5. Draft Minutes 3/21/23
2.5. Draft Minutes 4/4/23
2.6. 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 was prohibited from taking action at this meeting on requests made under this section of the agenda.
Addressing the Council under Business from the Floor were Chris Daniels, Eric Hart, Grahm Hutton, George Deeds, Don Walker, Margaret Swick, and Carlton Lowen.
4. PUBLIC HEARINGS
4.1. HEARING ON RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE, AND DEBRIS TO BE A PUBLIC NUISANCE - ORDERING ABATEMENT AND REMOVAL, SETTING A DEADLINE FOR ABATEMENT, AND PROVIDING ASSESSMENT OF THE COST OF ABATEMENT Hearing to consider all objections to a resolution adopted 4/18/23, which declared a public nuisance relating to the abatement of weeds, rubbish, refuse and/or debris. (Report - Charlene Durkin, Code Enforcement Supervisor) Recommendation : The Code Enforcement Supervisor recommends adoption of the resolution which will: (1) overrule any objections to the previously adopted resolution; (2) establish 6/01/23 as the last day for voluntary abatement; and direct the Community Development Director to: (3) abate any item(s) not voluntarily removed; (4) maintain an accounting of costs associated with the abatement; and (5) provide the Council with a report of the costs to be recovered from property owners.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO OVERRULING OBJECTIONS TO RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE, AND DEBRIS TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT AND REMOVAL OF THE WEEDS, RUBBISH, REFUSE, AND DEBRIS, AND PROVIDING FOR AN ASSESSMENT OF THE COST OF SUCH ABATEMENT AND REMOVAL
4.1. Staff Report
4.2. HEARING TO REVIEW AND APPROVE THE 2023-2024 ANNUAL ACTION PLAN FOR THE USE OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANT (HOME) FUNDS, INCLUDING PROPOSED FUNDING FOR PUBLIC SERVICES FUNDING 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. The AAP was made available for public comment on April 1, 2023. At its April 4, 2023 meeting, City Council conducted a hearing on the draft 2023-2024 Annual Plan and directed staff to return at a subsequent meeting to review the Annual Action Plan and consider revising Public Services allocations before approving the AAP for submittal to HUD. (Report - Marie Demers, Housing Manager)
Recommendation : The Community Development Director recommends that City Council: 1) Review the 2023 recommendation process for Public Services funding; 2) Consider revising Public Services funding allocations; 3) Hold a public hearing on the 2023-2024 HUD Annual Action Plan;4) Consider any public comment received during the hearing; and 5) Approve the Annual Action Plan, as revised or amended, and authorize its submittal to the Department of Housing and Urban Development.
4.2. Staff Report
4.3. HEARING ON RESOLUTION AMENDING THE CITY'S FEE SCHEDULE In accordance with Budget Policy E.5, changes in the City's Fee Schedule is to be brought to City Council annually. The City Council was asked to consider fee increases to be incorporated in the City's Fee Schedule. A public hearing was conducted specifically to address proposed cost of living increases to Development Fees. (Report - Barbara Martin, Administrative Services Director) Recommendation : The Administrative Services Director recommends adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY'S FEE SCHEDULE (AMENDMENT NO. 349 - FEE SCHEDULES: 11.010, 11.120, 11.130, 15.115, 21.010, 21.025, 21.035, 40.030, 50.030, 50.040, 50.050, 50.060, 60.005, 60.110, 60.020, 80.030, 90.010)
4.3. Staff Report
5. REGULAR AGENDA
5.1. AIRPORT COMMISSION AND CLIMATE ACTION COMMISSION APPOINTMENTS - Continued from 4/18/23 Council Meeting At this meeting, the Council considered the final appointments of citizens to serve on both the Airport Commission and Climate Action Commission to serve four-year terms. At its meeting of April 4, 2023, the Council heard from applicants in attendance as to their desire to serve on one of the City's advisory bodies. These appointments will conclude the 2022 Biennial Recruitment process. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends that the Council: (1) consider the three individual nominations for the Climate Action Commission which requires a majority vote for final appointment; and (2) using a balloting process, appoint three citizens to serve on the Airport Commission.
5.1. Staff Report
5.2. CONSIDERATION OF PARTICIPATING IN A LONG-TERM FEE OPTION FOR THE VINA GROUNDWATER SUSTAINABILITY AGENCY The City Council considered participating in the Vina Groundwater Sustainability Agency's (VGSA) Proposition 218 process to establish a fee to fund the ongoing operations of the VGSA and other Sustainable Groundwater Management Act (SGMA) requirements. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Recommendation : The Public Works Director - Operations and Maintenance recommends the City Council approve participating in the VGSA Proposition 218 long-term funding effort.
5.2. Staff Report
5.3. 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 - 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 was needed in order for staff to agendize.
A.
COUNCILMEMBER WINSLOW REQUEST - PRO HOUSING DESIGNATION - Continued from 4/4/23 and 4/18/23 Council Meetings
Councilmember Winslow had submitted a request to agendize a discussion regarding a pro-housing designation.
6.2.A. Councilmember Winslow - Pro Housing Designation
B.
COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN WAY SIGNS FOR DOWNTOWN Continued from 4/4/23 and 4/18/23 Council Meetings Councilmember van Overbeek had submitted a request to agendize a discussion regarding pedestrian way signs for Downtown.
6.2.B. Councilmember van Overbeek - Wayfinding signage
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS – Information only
6.3. Staff Report
7. ADJOURNMENT - Adjourned at 7:23 p.m. to the City Council Closed Session meeting on May 16, 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.
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
May 2, 2023
5/2/23 Closed Session 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 -
There were no speakers on the Closed Session items and no Council disqualifications.
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
2.2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title:
City Attorney, City Clerk, City Manager
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) - (2 cases)
2.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT
–
Closed Session was adjourned at 5:55 p.m. to the Regular City Council Meeting on May 2, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.