5/3/22 City Council Meeting

# ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - May 3, 2022

Minutes

## 1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.

1.2. Call to Order - Mayor Coolidge called the May 3, 2022 - Regular City Council Meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

## 1.3. Invocation – Pastor Bryan Meyers, Grace Community Church

## 1.4. Pledge of Allegiance to the Flag

## 1.5. Roll Call Present: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge Absent: None

## 1.6. Proclamation – National Small Business Week

2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and could thereby be enacted by one motion.

A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to approve the Consent Agenda, as read.

The motion carried by the following vote:

AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None

2.1. RESOLUTION NO. 23-22 - 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 2022/2023

RESOLUTION NO 24-22 - 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 2022/2023, 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 2022/2023 fiscal year, and to set a public hearing on June 7, 2022 regarding this proposed assessment. (Erik Gustafson, Public Works Director - Operations & Maintenance)

2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-ASD-006

Approval of a Supplemental Appropriation/Budget Modification to the FY 2021-22 Budget. (Barbara Martin, Deputy Director - Finance)

## 2.3. 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 could not take any action at this meeting on requests made under this section of the agenda.

---

## 4. PUBLIC HEARINGS

## 4.1. HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A50 - TOWER VISTA SUBDIVISION

A condition of approval of a final subdivision map required property owner, ASR ENTERPRISES, INC., to provide a means for funding the future replacement and annual operation and maintenance costs of storm water quality facilities, street trees, and dry landscape, which are of special benefit to the subdivision. The new subdivision is located on the east side of Mariposa Ave. between East Ave. and Eaton Road, APN 016-060-062. (Report - Leigh Ann Sutton, Public Works Director - Engineering)

Mayor Coolidge opened the hearing to the public. Addressing the Council was Derrick Sanderson. The hearing was closed to further comment.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt the following resolution:

RESOLUTION NO. 25-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ORDERING FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT AND APPROVING A DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS RELATING THERETO - CITY OF CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A50 - TOWER VISTA SUBDIVISION

The motion carried by the following vote:

AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None

4.2. 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 4/19/22, which declared a public nuisance relating to the abatement of weeds, rubbish, refuse and/or debris. (Report - Charlene Durkin, Code Enforcement Supervisor)

Mayor Coolidge opened the hearing to the public. Addressing the Council was Jesica Giannola. The hearing was closed to further comments.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt a resolution which: (1) overrules any objections to the previously adopted resolution; (2) establishes 6/01/22 as the last day for voluntary abatement; and direct the Community Development Director to: (3) abates any item(s) not voluntarily removed; (4) maintains an accounting of costs associated with the abatement; and (5) provides the Council with a report of the costs to be recovered from property owners.

RESOLUTION NO. 26-22 - 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, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None

## 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 will be brought to Council one time a year. At this meeting, 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 Impact Fees. (Report - Barbara Martin, Deputy Director - Finance)

Mayor Coolidge opened the hearing to the public. Addressing the Council was Bill Webb. The hearing was closed to further public comment.

Council asked staff why the proposed fee increases were not heard first by the Finance Committee as has been past practice.

5/3/22 City Council Meeting

REGULAR CHICO CITY COUNCIL MEETING May 3, 2022 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

REGULAR CITY COUNCIL MEETING - 6:00 p.m. 5/3/22 Agenda

1.2.

Call to Order - Mayor Coolidge called the May 3, 2022 - Regular City Council Meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3.

Invocation – Pastor Bryan Meyers, Grace Community Church

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

Proclamation – National Small Business Week

2.

CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could thereby be enacted by one motion.

2.1.

RESOLUTION NO. 23-22 - 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 2022/2023 RESOLUTION NO 24-22 - 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 2022/2023, 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 2022/2023 fiscal year, and to set a public hearing on June 7, 2022 regarding this proposed assessment. (Erik Gustafson, Public Works Director - Operations & Maintenance) 2.1. Staff Report

2.1. Staff Report

2.2.

CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2022-ASD-006 The Deputy Director - Finance requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2021-22 Budget. (Barbara Martin, Deputy Director - Finance) 2.2. Staff Report

2.3.

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 could not take any action at this meeting on requests made under this section of the agenda.

4.

PUBLIC HEARINGS

4.1.

HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A50 - TOWER VISTA SUBDIVISION A condition of approval of a final subdivision map requires property owner, ASR ENTERPRISES, INC., to provide a means for funding the future replacement and annual operation and maintenance costs of storm water quality facilities, street trees, and dry landscape, which are of special benefit to the subdivision. The new subdivision is located on the east side of Mariposa Ave. between East Ave. and Eaton Road, APN 016-060-062. (Report - Leigh Ann Sutton, Public Works Director - Engineering) Recommendation : The Public Works Director - Engineering recommends adoption of the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ORDERING FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT AND APPROVING A DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS RELATING THERETO - CITY OF CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A50 - TOWER VISTA SUBDIVISION 4.1. Staff Report

4.2.

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 4/19/22, 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 6/01/22 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 4.2. 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 will be brought to Council one time a year. At this meeting, 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 Impact Fees. (Report - Barbara Martin, Deputy Director - Finance) Recommendation : The Interim City Manager recommends adoption of the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY'S FEE SCHEDULE (AMENDMENT NO. 345 - FEE SCHEDULES: 11.010, 11.015, 11.020, 11.025, 11.060, 11.070, 11.120, 11.130, 11.140, 15.010, 15.030, 15.045, 15.050, 15.060, 15.080, 15.086, 15.090, 15.092, 15.095, 15.100, 21.010, 21.025, 21.030, 21.035, 21.040, 30.010, 30.020, 30.030, 30.040, 30.050, 40.010, 40.030, 50.030, 50.040, 50.050, 50.060, 60.005, 60.020, 60.040, 60.110, 60.115, 60.120, 60.130, 60.140, 60.160, 60.170, 60.180, 60.190, 60.200, 80.020, 80.022, 80.030, 90.010 ) 4.3. Staff Report

5.

REGULAR AGENDA

5.1.

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 19, 2022, and upon conclusion of the evaluation, voted unanimously to amend the City Clerk's Employment Agreement to adjust the salary level commensurate with other Department Directors. (Report - Vincent C. Ewing, City Attorney) 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: 5.1. Presson Contract

5.2.

CONFIRMATION OF INTERIM ADMINISTRATIVE SERVICES DIRECTOR 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 is being presented with the employment agreement for the Interim Administrative Services Director. (Report - Paul Hahn, Interim City Manager) Recommendation : 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 Interim Administrative Services Director employment agreement as follows: "The City Manager is proposing to enter into an employment agreement with Barbara Martin as the Interim Administrative Services Director; and The City Manager is proposing to appoint Barbara Martin with an annual salary of $146,000 and a $400 per month vehicle allowance." The City Manager recommends Council Confirmation of the appointment of Barbara Martin as the Interim Administrative Services Director. 5.2. Contract

5.3.