REGULAR CHICO CITY COUNCIL MEETING June 6, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
6/6/23 Agenda
1.2. Call to Order - Mayor Coolidge called the June 6, 2023 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Kathy Turner, Church of Jesus Christ of Latter-day Saints
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. June 6, 2023 Closed Session Announcement
City Attorney Ewing announced that Council met in Closed Session to receive updates from staff on the following items, with no action taken:
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. PROPERTY NEGOTIATIONS:
Pursuant to Cal. Gov. Code 54956.8
Property:
(APN: 018-510-002)
City Negotiator:
Mark Sorensen City Manager
Negotiating Parties:
Bruce Road Associate, LP
Under Negotiation:
(Price, Terms for Transfer of “Doe Mill Schmidbauer Preserve” (APN 018-510-002 to Bruce Road Associate, LP)
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 – EXISTING LITIGATION:
Pursuant to Cal. Gov. Code Sec. 54956.9(a): National Prescription Opiate Litigation, 1:17-MD-2804 (MDL 2804, Northern District of Ohio).
2.5. 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
2.6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION : Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (3 cases)
1.7. PRESENTATION OF NORCALCYBER MAYOR’S CUP 2023
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. 39-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM Adopted a resolution authorizing the submittal of an application for a California State Parks and Recreation Recreational Trails Program (RTP) seeking an approximate $350,000 grant to rehabilitate and improve trail access to Monkey Face in Upper Bidwell Park. No additional budget funds will be required for the 12% local match.
2.1. Staff Report
2.2. RESOLUTION NO. 40-23 - 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 - 1157 EAST AVENUE - ASSESSOR'S PARCEL NO. 015-260-003 (Petition from property owners Osamede Sunday Odiase and Mary Nwakaego Nwakabunor) 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. (Brendan Ottoboni, Public Works Director -Engineering)
2.2. Staff Report
2.3. MINUTE ORDER NO. 03-23 - APPROVAL FOR ALLOCATING NEIGHBORHOOD PARK DEVELOPMENT IMPACT FEES AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PUBLIC FACILITIES REIMBURSEMENT AGREEMENT WITH THE CHICO AREA RECREATION AND PARK DISTRICT FOR THE CHAPMAN PARK RENOVATION PROJECT AND IMPROVEMENTS TO PETERSON AND HOOKER OAK PARKS Approved Minute Order 1) allocating $651,000 in Neighborhood Park Development Impact Fees (Fund 340) to the Chico Area Recreation and Park District (CARD) for the development of the Chapman Park Renovation Project and improvements to Peterson and Hooker Oak Parks; and 2) authorizing the City Manager to execute a public facilities reimbursement agreement with CARD subject to the terms and conditions set forth in the Minute Order. (Erik Gustafson, Public Works Director - Operations and Maintenance).
2.3. Staff Report
2.4. LETTER AGREEMENT BETWEEN CITY OF CHICO AND IAFF
A letter agreement between the City of Chico and International Association of Firefighters (IAFF), modifying the Memorandum of Understanding (MOU) effective July 1, 2021 – June 30, 2025, updating payment terms for gym membership. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.4. Staff Report
2.5. LETTER AGREEMENT BETWEEN CITY OF CHICO AND IAFF
A letter agreement between the City of Chico and International Association of Firefighters (IAFF), modifying the Memorandum of Understanding (MOU) effective July 1, 2021 – June 30, 2025, updating CalPERS pickup and pay increase effective dates. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.5. Staff Report
2.6. LETTER AGREEMENT BETWEEN CITY OF CHICO AND SEIU
A letter agreement between the City of Chico and Service Employees International Union (SEIU), modifying the Memorandum of Understanding (MOU) effective January 1, 2022 – December 31, 2024, updating Fire Mechanic certification pay. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.6. Staff Report
2.7. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR
4. PUBLIC HEARINGS
4.1. HEARING ON THE PROPOSED MODIFICATION TO THE EXISTING CMD A16 NORTHWEST CHICO SPECIFIC PLAN AREA (NWCSPA) Hearing for the consideration and approval of the Engineer's Report regarding the proposed modification to the existing maintenance district CMD A16 - NWCSPA as required by Chapter 3.81 of the Chico Municipal Code. At is meeting of 04/04/23, the City Council approved a resolution of intention to order modification to this maintenance district. A vote of the appropriate property owners that would share the costs associated with the installation, maintenance, and servicing of the improvements is required. This is the initial public hearing, at which time the Council considered the Engineer's Report, with a protest hearing scheduled for 06/20/23. (Report - Brendan Ottoboni, Public Works Director-Engineering) Recommendation : The Public Works Director-Engineering recommends consideration and approval of the Engineer's Report and to conduct an initial public hearing on the modification to the existing maintenance district CMD A16 NWCSPA as required by Chapter 3.81 of the Chico Municipal Code.
4.1. Staff Report
4.2. HEARING TO CONSIDER THE FINAL ANNUAL ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF THE 2023-24 ASSESSMENTS FOR THE HUSA RANCH/NOB HILLNEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 On 5/02/23, the City Council adopted resolutions approving the preliminary Annual Engineer's Report ("Report") and declaring its intention to levy and collect the annual assessments for the Husa Ranch/Nob Hill Neighborhood Park Landscape and Lighting District No. LLD 001-08 ("LLD") for the 2023-24 fiscal year. The Council also scheduled this hearing to consider approval of the final Report and the proposed annual levy of $83.62/parcel, a $1.46 increase from the 2022-23 assessment. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Recommendation : The Public Works Director-Operations & Maintenance recommends adoption of the resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE FINAL ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2023/2024
4.2. Staff Report
4.3. ORDINANCE AMENDING CHICO MUNICIPAL CODE DESIGNATING THE ARCHITECTURAL REVIEW AND HISTORIC PRESERVATION BOARD A SUBCOMMITTEE OF THE PLANNING COMMISSION Introduction of an ordinance, which would amend Title 2 of the Chico Municipal Code to restructure/redefine the Architectural Review and Historic Preservation Board (ARHPB) as a subcommittee of the Planning Commission, per the direction of the City Council. (Report - Kelly Murphy, Senior Planner, CDD)
Recommendation : The Community Development Director recommends that the City Council introduce the following ordinance by reading its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CERTAIN SECTIONS OF TITLE 2 OF THE CHICO MUNICIPAL CODE DESIGNATING THE ARCHITECTURAL REVIEW AND HISTORIC PRESERVATION BOARD A SUBCOMMITTEE OF THE PLANNING COMMISSION
4.3. Staff Report
5. REGULAR AGENDA
5.1. CONSIDERATION OF BUDGET POLICY MODIFICATION - CREDIT CARD CONVENIENCE FEE In an effort to recoup most credit card merchant fees associated with parking meter payments, many years ago, the City adopted a $0.35 per transaction convenience fee. In the first two months of operation of the new parking meter system the convenience fee covered all but approximately $1,000 in credit card merchant fees. Similarly, there are considerable operational costs associated with collecting, counting, transporting, depositing, and reconciling cash. With credit card merchant fees based upon a per transaction fee component plus a percentage of the sale, small dollar amount transactions (such as parking meter fees) are heavily burdened by credit card merchant fees. (Report - Mark Sorensen, City Manager)
Recommendation : The City Manager recommends the City Council consider modifying paragraph 3 of Budget Policy E.5. as follows: Departments may pass through the transactional costs of credit card processing to a customer. The City Manager may approve adjustments to credit card fees as necessary.
5.1. Staff Report
5.2. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH OTHER LOCAL JURISDICTIONS AND AGENCIES FOR SB 1383 EDIBLE FOOD RECOVERY REQUIREMENTS The City Council considered entering into a Memorandum of Understanding (MOU) with the other jurisdictions in Butte County to meet the edible food recovery component of the SB 1383 Mandatory Organics Recycling Requirements. The Council also considered entering into an agreement with the Butte County Community Action Agency to receive funding from the jurisdictions to continue and expand the countywide 530 Food Rescue Coalition's edible food recovery program. (Report - Linda Herman, Park & Natural Resources Manager) Recommendation : The Public Works Director O&M recommends the City Council authorize the City Manager to 1) Execute the MOU with the other Butte County jurisdictions; and 2) Execute an agreement with the Community Action Agency to provide funding to continue its 530 Food Rescue Coalition Program, and to execute agreements with other potential food recovery organizations if needed in the future and approved by the MOU signatories.
5.2. Staff Report
5.3. RESOLUTION TO APPROVE THE FY2023-24 FINAL BUDGET
The City Manager requested consideration and adoption of a resolution approving the FY2023-24 Final Budget for the City of Chico and the Successor Agency to the Chico Redevelopment Agency. (Report - Mark Sorensen, City Manager)
Recommendation : The City Manager recommends adoption of the following resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING THE 2023-24 FINAL BUDGET FOR THE CITY OF CHICO AND THE SUCCESSOR AGENCY TO THE CHICO REDEVELOPMENT AGENCY
5.3. Staff Report
5.3. RESOLUTION TO APPROVE THE FY2023-24 FINAL BUDGET
The City Manager requested consideration and adoption of a resolution approving the FY2023-24 Final Budget for the City of Chico and the Successor Agency to the Chico Redevelopment Agency. (Report - Mark Sorensen, City Manager)
Recommendation : The City Manager recommends adoption of the following resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING THE 2023-24 FINAL BUDGET FOR THE CITY OF CHICO AND THE SUCCESSOR AGENCY TO THE CHICO REDEVELOPMENT AGENCY
5.4. 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 allocations within the City Manager Appointed Positions, specific to the Deputy Director - Public Works Engineering position. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : Approve Budget Appendix B-1 as submitted.
5.4. Staff Report
5.5. CONFIRMATION OF DEPUTY DIRECTOR - PUBLIC WORKS ENGINEERING Section 605 of the City Charter states that the appointment of department heads is subject to confirmation by the City Council. In order to meet this requirement, City Council was presented with the employment agreement for the Deputy Director - Public Works Engineering. (Report - Chelsea Phebus, Director of Human Resources & Risk Manager) Recommendation : A. In compliance with Government Code Section 54953(c)(3), the City Manager shall first orally report a summary of the recommendation for final action related to the Deputy Director - Public Works Engineering employment agreement as follows: "The City Manager is proposing to enter into an employment agreement with David Giongco as the Deputy Director - Public Works Engineering; and The City Manager is proposing to appoint David Giongco with an annual salary of $165,000." B. The City Manager recommends Council Confirmation of the appointment of David Giongco as Deputy Director - Public Works Engineering.
5.5. Staff Report
5.6. CONFIRMATION OF AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT Pursuant to Section 605 of the City Charter, the Council appoints its three direct reports which are the City Manager, City Attorney and City Clerk.
Deborah R. Presson has served as the City Clerk of the City of Chico since June of 2000. The Council completed the performance evaluation of Deborah R. Presson, City Clerk, on April 18, 2023, and upon conclusion of the evaluation, voted unanimously to amend the City Clerk's Employment Agreement to adjust the salary level to $182,500 effective May 1, 2023. (Report - Vincent C. Ewing, City Attorney)
Recommendation Announcement: In compliance with Government Code Section 54953(c)(3), the Council must orally report the following summary of the recommendation for final action related to the City Clerk employment agreement as follows: "The City Council is proposing to modify the employment agreement with Deborah Presson as the City Clerk and Elections Official to include a salary increase and to adjust her annual salary to $185,625 effective May 1, 2023." Recommendation: Authorize the Mayor to sign the amended agreement with Deborah R. Presson, serving as the City Clerk & Elections Official.
5.6. Staff Report
5.7. CALL FOR A SPECIAL ELECTION FOR CHICO CANYON ROAD ANNEXATION NO. 8 At this meeting, the Council considered the adoption of a resolution calling for a special mailed ballot election to be held on Tuesday, October 3, 2023 in order to submit a question regarding the Chico Canyon Road Annexation No. 8 to the voters residing in that area. By letter dated May 4, 2023, Local Agency Formation Commission forwarded a letter and resolution formally requesting that the City of Chico call for an election on the matter of the annexation of the Chico Canyon Road Annexation No. 8 and direct the City's Election Official to conduct a mailed ballot election pursuant to Gov. Code Section 57125.
As noted in the May 4, 2023 letter, the Butte Local Agency Formation Commission outlined the process related to the annexation of 107 parcels approximately 167 acres in size to the City of Chico, and detachment of the parcels from the Butte Resource Conservation District and CAS 164 (Butte County Animal Control). There are approximately 211 registered voters in this defined area. The LAFCo Protest Proceedings were concluded on March 29, 2023 and subsequently confirmed by the Commission on May 4, 2023 resulting in 40% of registered voters within the effected territory filing written protests against the annexation. Therefore, pursuant to Government Code Section 57091, the annexation must be confirmed by the registered voters residing within the affected territory.
Recommendation : The City Clerk recommends adoption of the following resolution calling for a Special Mailed Ballot Election to be held on Tuesday, October 3, 2023:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO CALLING FOR THE HOLDING OF A SPECIAL MAILED BALLOT ONLY MUNICIPAL ELECTION ON TUESDAY, OCTOBER 3, 2023 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE CHICO CANYON ROAD ANNEXATION NO. 8
5.7. Staff Report
5.8. COUNCILMEMBER WINSLOW REQUEST – PRO HOUSING DESIGNATION At its meeting of 5/2/23, the Council voted to agendize a discussion regarding a pro-housing designation.
5.8. Councilmember Winslow request
5.9. COUNCILMEMBER VAN OVERBEEK REQUEST – PEDESTRIAN WAY SIGNS At its meeting of 5/2/23, the Council voted to agendize a discussion regarding pedestrian way signs for Downtown.
5.9. Councilmember van Overbeek request
5.10. COUNCILMEMBER VAN OVERBEEK REQUEST - REGULATION OF TYPE 48 ABC LICENSE At its meeting of 5/2/23, the Council voted to agendize a discussion regarding a possible exception to the current Chico Municipal Code regarding the regulation of Type 48 ABC licenses which currently limits the number of bars in the downtown area.
5.10. Councilmember van Overbeek request
5.11. COUNCILMEMBER VAN OVERBEEK REQUEST - RED LIGHT CAMERAS At its meeting of 5/2/23, the Council voted to agendize a discussion regarding installing red light camera systems in busy intersections.
5.11. Councilmember van Overbeek request
5.12. 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 - None
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS (March & April) – Information only
6.3. MMR - March
6.3. MMR - April
6.4. SUNSHINING OF DRAFT MOU - CHICO POLICE OFFICERS’ ASSOCIATION (CPOA) - Information only Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council is provided a draft copy of the Memorandum of Understanding applicable to the Chico Police Officers’ Association bargaining group. This initiates 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 June 20, 2023. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
6.4. Staff Report
7. ADJOURNMENT - Adjourned at 8:46 p.m. to the City Council Closed Session meeting on June 20, 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
June 6, 2023
5:00 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
6/6/23 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 - No Speakers
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. PROPERTY NEGOTIATIONS: Pursuant to Cal. Gov. Code 54956.8 Property: (APN: 018-510-002)
City Negotiator: Mark Sorensen City Manager
Negotiating Parties: Bruce Road Associate, LP
Under Negotiation: (Price, Terms for Transfer of “Doe Mill Schmidbauer Preserve” (APN 018-510-002 to Bruce Road Associate, LP)
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 – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): National Prescription Opiate Litigation, 1:17-MD-2804 (MDL 2804, Northern District of Ohio).
2.5. 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
2.6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (3 cases)
2.7. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA
3. ADJOURNMENT – The meeting adjourned at 8:46 p.m. to the Regular City Council Meeting on June 6, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.