REGULAR CHICO CITY COUNCIL MEETING November 7, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
11/7/23 Agenda
1.2. Call to Order - Mayor Coolidge called the November 7, 2024 Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Pastor Cherise Gardner, Chico Adventist Church
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. November 7, 2023 Closed Session Announcement - City Attorney Lam announced that Council met in Closed Session at 5:00 p.m. with staff on the items as noted on the agenda.
2.1. Fire Victim's Trust - Council was briefed; no action was taken.
2.2. Conference with Labor Negotiator - This item was not discussed at this meeting.
2.3. Conference with Legal Counsel Existing Litigation (Warren v Chico) - Council was briefed. Direction was provided. No action was taken.
1.7. Proclamations
* Homeless and Runaway Youth Awareness Month
* Chico Housing Action Team 10th Anniversary
1.8. Mayor’s Achievement in the Arts Awards
3. PUBLIC COMMENTS - Members of the public addressed the Council on matters not 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
2. CONSENT AGENDA
2.1. ORDINANCE NO. 2594 - ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 2.54 OF THE CHICO MUNICIPAL CODE TO CALL FOR MEETINGS OF THE CLIMATE ACTION COMMISSION ON AN AS NEEDED ONLY BASIS - Final reading and adoption by reading of title only
Councilmember Winslow voted no on this item.
2.1. Ordinance - CAC Meeting As Needed
2.2. RESOLUTION NO. 64-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING ELECTRONIC CLAIMS FILING The City of Chico currently requires claims for money or damages to be submitted to the City Clerks Office either in person or via mail. Procedures for filing claims against the City are as set forth in Division 3.6 of Title 1 of the Government Code. Government Code 915 (a)(3), allowing authorization of electronic submission of claims if authorized by City resolution or ordinance. Electronic filing of claims will streamline the process in claims filing as it will reduce staff time, complainant time and material waste compared to mailing and handling of hard-copy claims. By adoption of the resolution the City Council formally authorizes electronic claims filing. (Angie Dilg, Records Manager/Management Analyst)
2.2. Staff Report
2.3. LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO PUBLIC SAFETY ASSOCIATION Approved a letter agreement between the City of Chico and (CPSA), modifying the Memorandum of Understanding (MOU) effective July 1, 2021 - June 30, 2023, regarding the lateral recruitment & retention bonuses. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.3. Staff Report
2.4. RESOLUTION NO. 65-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND CPSA REGARDING PAY, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025 (2023 CPSA MOU)" Adopted a resolution which modified the pay and benefit provisions applicable to the Chico Public Safety Association, resulting from recently concluded negotiations. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.4. Staff Report
2.5. RESOLUTION NO. 66-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON OCTOBER 3, 2023 Butte 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. A Special Election was held on October 3, 2023, for the purpose of submitting the question regarding the Chico Canyon Road Annexation No. 8 to the voters residing in that area. The City Clerk has certified the official results of the election conducted. By adoption of the resolution, the City Council formally declared the results of this election pursuant to Article 4, Chapter 2, Division 10 of the Elections Code. (Deborah R. Presson, City Clerk & Elections Official)
2.5. Staff Report
2.6. ADOPTION OF SEWER IN LIEU RESOLUTIONS - 13310, 13320, 13330, AND 13360 GARNER LANE - JP INVESTMENTS, LLC (COURTESY MOTORS) 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. (Brendan Ottoboni - Public Works Director -Engineering) RESOLUTION NO. 67-23 - 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 - 13310 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-081 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh) RESOLUTION NO. 68-23 - 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 - 13320 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-082 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh) RESOLUTION NO. 69-23 - 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 - 13330 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-083 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh) RESOLUTION NO. 70-23 - 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 - 13360 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-084 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh)
2.6. Staff Report
2.7. RESOLUTION NO. 71-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL CALRECYCLE GRANT PROGRAMS FOR WHICH THE CITY OF CHICO IS ELIGIBLE Adopted a resolution authorizing an application to the California Department of Resources Recycling and Recovery (CalRecycle) for a Local Assistance Grant Program to help the City meet the mandatory organic waste reduction regulations (Senate Bill 1383) and other CalRecycle grant programs. (Erik Gustafson, Public Works Director Operations & Maintenance)
2.7. Staff Report
2.8. RESOLUTION NO. 72-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY'S FEE SCHEDULE (AMENDMENT NO. 350 - FEE SCHEDULE 21.010) At its October 17, 2023 meeting, the City Council directed that the application fee for projects that require major review by the City s Architectural Review and Historic Preservation Board be assessed at thirty percent (30%) of the previous fee of $8,256.00. The attached resolution directed that Fee Schedule No. 21.010, "Planning Fees" be amended to change the adopted fee for Architectural Review and Historic Preservation Board Consideration - Major Review" to $2477.00. (Brendan Vieg, Community Development Director)
2.8. Staff Report
2.9. 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 is prohibited from taking any action at this meeting on requests made under this section of the agenda.
4.1. HEARING REGARDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING AMENDMENT NO. 6 TO DEVELOPMENT AGREEMENT 05-02 BETWEEN THE CITY OF CHICO AND MERIAM PARK, LLC (GONZALES DEVELOPMENT CO., APNs Various) Hearing and Introductory Reading of an Ordinance that would amend the Development Agreement (DA 05-02) between the City of Chico and Meriam Park, LLC, to do the following: (1) identify the two remaining residential developers in Meriam Park, (2) update the Project Description to reflect the currently anticipated build out of 1,667 residential units in Meriam Park, (3) revise due dates for the completion of the two neighborhood parks, (4) assign remaining park improvement obligations to the remaining residential developers, (5) reduce the required number of affordable housing units to maintain the original proportion of 15% affordable units in the overall project; and (6) other minor changes to address offsetting fees, eliminate redundant development criteria, and to eliminate incorrect, impractical or outdated references. Located between East 20th Street and Humboldt Road, west of Bruce Road, the Meriam Park site is designated Special Mixed-Use on the General Plan diagram and zoned TND Traditional Neighborhood Development. At its October 5, 2023 meeting, the Planning Commission adopted a resolution recommending City Council approval of the amendment. Per the California Environmental Quality Act, the proposed amendments fall within the scope of the certified Final Environmental Impact Report prepared for the Meriam Park project. (Report - Mike Sawley, Principal Planner) Recommendation : The Planning Commission and the Community Development Director recommend that the City Council hold a public hearing on Development Agreement Amendment No. 6 and introduce the ordinance by reading its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING AMENDMENT NO. 6 TO DEVELOPMENT AGREEMENT 05-02 BETWEEN THE CITY OF CHICO AND MERIAM PARK, LLC (GONZALES DEVELOPMENT CO.)
4.1. Staff Report
5. REGULAR AGENDA
5.1. ADDITION OF DRONES TO MILITARY EQUIPMENT INVENTORY The Chico Police Department asked the City Council to approve the addition of one DJI Avata and one DJI Mavic 3 Enterprise drones. The DJI Avata drone is a first person viewed drone utilized to search interiors or areas where Officer safety becomes a factor. The operator wears goggles and can see the view from the cameras located on the drone. The Mavic 3 Enterprise drone will be solely used for an evidence and crime scene mapping system. This pairs with a recently purchased crime scene mapping hardware, Pix4D to create a 3D image of both evidence and the scene in its entirety. This system will enhance and greatly improve the time it takes to process crime scene photos and evidence locations. Likewise, it will provide the District Attorney and Court with a much more professional product to present in major cases. (Report - Billy Aldridge, Chief of Police)
Recommendation : It is the recommendation of the Chief of Police that the City Council approve the requested items be immediately placed within the deployable Military Equipment inventory list as required by law provided in Assembly Bill 481 and City of Chico Ordinance 2.28.050.
5.1. Staff Report
5.2. AMENDMENT TO CITY OF CHICO BUDGET APPENDICES B-1 AND B-3 An amendment to the City of Chico s 23-24 Fiscal Year Budget Appendices B-1 and B-3, modifying position allocations for Human Resources & Risk Management. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : Approve Budget Appendices B-1and B-3 as submitted.
5.2. Staff Report
5.3. COUNCIL DISCUSSION AND DIRECTION ON FUNDS FOR PARKS AND HOUSING At its meeting of 6/6/23, following approval of the FY 23-24 Final Budget, Council voted to direct staff to return to Council with a proposed supplemental appropriation allocating funds to parks and housing, and other areas. (Verbal Report - Mark Sorensen, City Manager)
Recommendation : Provide further direction.
5.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
6. REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Councils information. No action can 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. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
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 was needed in order for staff to agendize.
7. ADJOURNMENT - Adjourned at 8:53 p.m. to the City Council Closed Session meeting on Tuesday, November 21, 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.
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
November 7, 2023
11/7/23 Closed Session Agenda
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All Councilmembers were present.
2. CLOSED SESSION AGENDA -
There were no speakers and no Council disqualifications.
2.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): In Re PG&E Corporation, Case No. 19-30088 - Fire Victim s Trust Claim
2.2. 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
2.3. 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. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting adjourned at 5:55 p.m. to the Regular City Council Meeting on November 7, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.