ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - May 2, 2023 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
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
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
CLOSED SESSION ANNOUNCEMENT - City Attorney Ewing announced that the Council met in Closed Session with staff regarding the items on the agenda. No action was taken; direction was provided on the following items:
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.
A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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
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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)
2.3. 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)
2.4. 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
2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 3/7/23 & 3/21/23
2.6. ITEMS REMOVED FROM THE CONSENT AGENDA - None
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.
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)
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Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to adopt 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 items) 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 RESOLUTION NO. 35-23 - 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
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
A substitute motion was made by Councilmember Winslow to approve the Annual Action Plan with the original funding allocations. The motion died by a lack of a second.
The original motion to approve the Annual Action Plan, with the amended allocations carried by the following vote:
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
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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) Mayor Coolidge opened the hearing to the public. Addressing the Council was Bill Webb. The hearing was closed to further comment.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to adopt the following resolution:
RESOLUTION NO. 36-23 - 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)
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to confirm 1) the individual nominations of Katy Thoma, Bryce Goldstein, and Britt Cooper to serve on the Climate Action Commission; and (2) using a balloting process, appointed Mike Antolock, Raul Hernandez, and Roger Efremsky to serve on the Airport Commission.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 othe Sustainable Groundwater Management Act (SGMA) requirements. (Report - Erik Gustafson Public Works Director - Operations & Maintenance)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett to approve participating in the VGSA Proposition 218 long-term funding effort.
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The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.3. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None 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.
A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to agendize Councilmember Winslow's request to agendize a discussion regarding a pro-housing designation.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Coolidge
NOES: Morgan, Reynolds
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.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to agendize Councilmember van Overbeek's request to agendize a discussion regarding pedestrian way signs for Downtown.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Coolidge NOES: None
ABSTAIN: Reynolds
A motion was made by Councilmember van Overbeek and seconded by Vice Mayor Reynolds to agendize a discussion regarding a possible exception to the current Chico Municipal Code regarding the reaulation of Type 48 ABC licenses which currently limits the number of bars in the downtowr area. Councilmember van Overbeek wanted to discuss the addition of a "Paragraph D" which, if enacted, would authorize the Council to approve allowances when needed to that regulation.
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: Tandon
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A motion was made by Councilmember Tandon and seconded by Councilmember van Overbeek to agendize a discussion regarding possible revisions to the board and commission applications that could strengthen the transparency when considering applicants for the City's board and commissions. Revisions could include questions concerning bias, and or relationships where the applicant has worked on projects for or against the City.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds NOES: Coolidge
A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to agendize a discussion regarding installing red light camera systems in busy intersections.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds NOES: Coolidge
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only ADJOURNMENT - Adjourned at 7:23 p.m. to the Regular City Council meeting at 1:00 p.m. in the Council Chamber, 421 Main Street, Chico.
Date Approved: /drp 5/16/23
Vitran Prosen
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting
Minutes
May 2, 2023
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 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.
Date Approved:
Deborah R. Presson, MMC, City Clerk
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