REGULAR CHICO CITY COUNCIL MEETING September 19, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 9/19/23 Agenda
9/19/23 Agenda - Amended
1.2. Call to Order - Mayor Coolidge called the September 19, 2023 - Adjourned Regular City Council to meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Chaplain Eileen Brownell
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. September 19, 2023 Closed Session Announcement
City Attorney Glasman announced that Council met in Closed Session with staff on the following items:
2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - Direction was provided; no action taken.
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. 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 - Update was provided; no action taken.
2.3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico - Update was provided; no action taken.
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): 1 case - Direction was provided; no action taken.
2.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney -
Direction was provided; no action taken.
2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - 2 items added CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC Case No. 2:18-cv-01692-MCE-AC: Estate of Tyler R. Rushing, et al. v. City of Chico, et al. - Direction was provided; no action taken.
CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.(a): BSCS Case No. 23CV01870: Leigh Ann Sutton v. City of Chico, et al. -
Update was provided; no action taken.
1.7. Proclamation - California Native American Day
1.7. Proclamation - California Native American Day
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine in nature and could therefore be enacted in one motion.
2.1. ORDINANCE NO. 2591 - AN ORDINANCE OF THE CITY OF CHICO CITY COUNCIL REPEALING TITLE 18 AND REPLACING WITH THE COMPREHENSIVE CHICO MUNICIPAL CODE TITLE 18 SUBDIVISION ORDINANCE UPDATE - Final reading and adoption by reading of title only
2.1. Ordinance - Title 18 Update
2.2. ORDINANCE NO. 2592 - AN ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 1, CHAPTER 1.14 OF THE CITY OF CHICO MUNICIPAL CODE TO REVISE THE NUISANCE ABATEMENT CHAPTER - Final reading and adoption by reading of title only
2.2. Ordinance - Title 1, Nuisance Abatement
2.3. ORDINANCE NO. 2593 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADDING A NEW CHAPTER 9.32 TO THE CHICO MUNICIPAL CODE REGULATING STOLEN OR ABANDONED SHOPPING CARTS AND OTHER CARTS, ESTABLISHING AN ABATEMENT AND ENFORCEMENT PROGRAM RELATED THERETO - Final reading and adoption by reading of title only
2.3. Ordinance - Title 9, Shopping Carts
2.4. RESOLUTION NO.23 - RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) FUNDS TO PARK AVENUE HOUSING PARTNERS LP FOR THE DEVELOPMENT OF THE AFFORDABLE HOUSING PROJECT AT 1297 PARK AVENUE Jamboree Housing Corporation (Jamboree) is redeveloping the site of the former Jesus Center located at 1297 Park Avenue (APNs 005-136-017 and 005-136-018) into a 58-unit affordable apartment complex for extremely low- to low-income households including those with special needs, and one manager s unit. The City Council authorized loans from the City s Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds, to support this project. Jamboree requested additional funds to address additional, unanticipated costs including replacement of the manager unit rather than rehabilitation of the existing unit. Additional CDBG and HOME funds were allocated through the City s 2023-2024 Annual Budget and federal Annual Action Plan. (Marie Demers, Housing Manager)
2.4. Staff Report
2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 8/1/23 AND 9/5/23
2.5. Draft Minutes 8/1/23
2.5. Draft Minutes 9/5/23
2.6. CONSIDERATION OF DOWNTOWN CHICO BUSINESS ASSOCIATION S SIX-MONTH PROGRESS REPORT On March 21, 2023, the City Council approved a three-year Professional Services Agreement with the Downtown Chico Business Association (DCBA) for the Downtown Business District Enhancement Program. Per the Agreement, the DCBA was to provide the Council with progress reports at six, nine, twelve, eighteen, and twenty-four months from the date of execution. (Jennifer Macarthy, Deputy City Manager)
2.6. Staff Report
2.7. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda, The Council could not take action at this meeting on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.1. PUBLIC HEARING OF THE 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS A condition for receipt of federal funding for the Community Development Block Grant (CDBG) program and the Home Investment Partnerships Program (HOME) required that the City prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) regarding the use of such funds. The report is to be prepared at the conclusion of each program year and made available for a 15-day public comment period. The City must hold a public hearing on the report at the conclusion of the public comment period. (Report - MaryJo Alonzo, Housing Program Analyst)
Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
Recommendation : The Community Development Director recommends that City Council: Hold a public hearing, accept public comment, and authorize staff to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD).
4.1. Staff Report
4.2. HEARING TO CONSIDER ADOPTION OF THE 2022 HOUSING ELEMENT (2022-2030) State law requires each jurisdiction to update its Housing Element every eight years with specific deadlines established by the California Department of Housing and Community Development (HCD). The Housing Element provides an analysis of a community s housing needs for all income levels, along with strategies and actions for responding to those needs. On August 2, 2022, the City Council approved submittal of a Draft version 1 ( v1 ) 2022 Housing Element to HCD. Staff submitted the Draft v1 Housing Element to HCD for its review and consent on September 7, 2022. Since that time, staff have had ongoing communication with HCD that necessitated three additional versions and corresponding public comment periods. HCD has determined that Draft v4 2022 Housing Element complies with the statutory requirements of State Housing Element Law and can now be adopted by the City Council.
The HCD-compliant redlined Draft v4 Housing Element was available as Exhibit II to Attachment A and on the City s Housing Element website along with a clean version at www.chicohousingelement.com.
Recommendation : The Community Development Director recommends that the City Council: 1) Hold a public hearing regarding the Draft v4 2022 Housing Element; 2) Consider public comment; and 3) Adopt a resolution determining that adoption of the Housing Element is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act, adopting the Draft v4 2022 Housing Element as the final version, and authorizing its submittal to HCD by reading of its title:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING GENERAL PLAN AMENDMENT NO. 22-02 (2022 HOUSING ELEMENT)
4.2. Staff Report
5. REGULAR AGENDA
5.1. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - 2 Additional Closed Session Items
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. SUNSHINING OF DRAFT MOU CHICO POLICE MANAGEMENT (CPM) - 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 Chico Police Management 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 October 3, 2023. (Chelsea Phebus, Director of Human Resources & Risk Management)
6.2. Staff Report
6.3. 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 would be needed in order for staff to agendize. - No items were added.
7. ADJOURNMENT - Adjourned at 7:24 p.m. to the City Council Closed Session meeting on Tuesday, October 3, 2023, at 5:00 or 5:30 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 Minutes
September 19, 2023
9/19/23 Agenda - Amended
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
The Mayor called the Closed Session to order. There were no speakers nor any Council disqualifications.
1.1. ROLL CALL - All Members were present.
2. CLOSED SESSION AGENDA
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. 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 - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): 1 case
2.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - 2 items added CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC Case No. 2:18-cv-01692-MCE-AC: Estate of Tyler R. Rushing, et al. v. City of Chico, et al.
CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.(a): BSCS Case No. 23CV01870: Leigh Ann Sutton v. City of Chico, et al.
3. ADJOURNMENT The meeting adjourned at 6:10 p.m. to the Adjourned Regular City Council Meeting on September 19, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.