08/18/2020 City Council Meeting Continued to 08/25/20

# ADJOURNED REGULAR CHICO CITY COUNCIL MEETING – AUGUST 18, 2020

(CONTINUED TO AUGUST 25, 2020) Minutes

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

1.2. Call to Order – Mayor Schwab called the August 25, 2020 meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA

## 1.3. Pledge of Allegiance to the Flag

## 1.4. Roll Call

Present: Huber, Morgan, Ory, Reynolds, Stone, Brown, Schwab Absent: None

## 1.5. Presentation – Concerned Citizens for Justice

A motion was made by Councilmember Stone and seconded by Councilmember Huber to determine that an emergency exists pursuant to Government Code Section 549542.B. related to weather and hazardous air quality conditions, adding an emergency item to discuss cooling centers.

The motion carried by the following vote:

AYES: Huber, Morgan, Ory, Reynolds, Stone, Brown, Schwab NOES: None

A motion was made by Councilmember Stone and seconded by Vice Mayor Brown to hear Item 5.3. before Item 5.2., at the request of Councilmember Ory.

The motion carried by the following vote:

AYES: Morgan, Ory, Reynolds, Stone, Brown, Schwab NOES: Huber

## 2\. CONSENT AGENDA

Addressing the Council via Engaged Chico were Claudette Ritter, Julie Threet, Karen Willhoit, Nichole Nava, and Juanita Sumner.

A motion was made by Vice Mayor Brown and seconded by Councilmember Stone to approve the Consent Agenda, as read, with it noted that Mayor Schwab was disqualified on Item 2.1. due to holding a business interest within 500 feet.

The motion carried by the following vote:

AYES: Huber, Morgan, Ory, Reynolds, Stone, Brown, Schwab NOES: None

* * *

2.1. ORDINANCE NO. 2551 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO GRANTING A FRANCHISE FOR THE EXCLUSIVE USE OF A PORTION OF CITY STREETS, SIDEWALKS, OR OTHER CITY PROPERTY - MUNICIPAL PARKING LOT 1 - TO CHICO CERTIFIED FARMERS MARKET, INC - Final reading and adoption, by reading of title only

Adopted - At its meeting of August 4, 2020, Council conducted a public hearing and introduced an ordinance granting a franchise to Chico Certified Farmers Market. (Brendan Ottoboni, Public Works Director-Engineering)

## 2.2. CARES ACT RELIEF FUND ALLOCATION ACCEPTANCE

In response to the COVID-19 pandemic, the California State Department of Finance released direct allocations from $500 million in federal CARES Act funding. Funds are applicable for eligible COVID-19 expenses incurred from March 1, 2020 through October 30, 2020. The City of Chico has been allocated $1,362,210 which will be used to offset the costs incurred during this pandemic. (Mark Orme, City Manager)

## 2.3. RESOLUTION NO. 43-20 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO CHICO UNIFIED SCHOOL DISTRICT FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY (PLEASANT VALLEY HIGH SCHOOL - 1475 EAST AVENUE (APN 105-490-001))

Chico Unified School District has requested a Grant of License from the City of Chico to utilize a portion of public right-of-way adjacent to Pleasant Valley High School, 1475 East Avenue, for the placement of an enclosed trash receptacle. (APN 105-490-001). (Brendan Ottoboni, Public Works Director - Engineering)

## 2.4. BUTTE COUNTY GRAND JURY RESPONSE

In accordance with the California State Penal Code, the City is required to provide a response to the 2019-20 Butte County Grand Jury's report. The following response provides a consolidated response to all findings and recommendations directed towards the City of Chico which require responses. The City Manager recommended that the City Council review, consider, and accept a response to the 2019-20 Butte County Grand Jury Report and forward the response to the Grand Jury. (Chris Constantin, Assistant City Manager)

## 2.5. SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2021-PW-001

The Director of Public Works - Engineering requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2020-21 Budget. (Brendan Ottoboni, Director of Public Works - Engineering)

## 2.6. ITEMS REMOVED FROM THE CONSENT AGENDA

3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on any matter not already listed on the agenda, with comments limited to three minutes or as determined by the Mayor based on the number of speakers. The Council cannot take any action at this meeting on requests made under this section of the agenda.

Addressing the Council in person on this item were Roxanne Eldridge, Rob Berry, Robyn Engel, Paula Hare, Jesica Giannola, Jeff Glatz, Nichole Nava, George Deeds, Jacqueline Martin, Cecil Hamilton, Patrick Newman, Jeff Creed, and Julie Threet.

* * *

Addressing the Council via Engaged Chico were Paula Hare, Julie Threet, Susan Smead, Karen Willhoit, Michele Reutlinger, Autumn Brock, Caroline Ei, Nancy Park, Ashley Jones, Nichole Nava, Debora Jones, Andy Willhoit, Robyn Engel, Claudette Ritter, and Jesica Montgomery.

Addressing the Council via Public Comments email were Marci Pittman, Joe Fumasi, Nichole Nava, Kathi Whiteley, Steve Hicklin, Jeff Oster, Jean Hensley, Lawrence Coleman, Lanita Fedorchuk, Heidi Wittsell, Jackie Carley, Shannel Fowler, Jody Taylor, and Chris Nelson.

The Council recessed at 7:18 p.m. for a 10-minute break. The meeting was reconvened with all members present.

## 4\. PUBLIC HEARINGS

## 4.1. HEARING ON RESOLUTION AMENDING THE CITY’S FEE SCHEDULE - This item was removed from the agenda and not heard.

In accordance with Budget Policy E.5, changes in the City’s Fee Schedule are 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 - Kathryn Mathes, Accounting Manager)

08/18/2020 City Council Meeting Continued to 08/25/20

REGULAR CHICO CITY COUNCIL MEETING August 25, 2020 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 8-18-20 Agenda

1.2.

Call to Order - 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA

1.3.

Pledge of Allegiance to the Flag

1.4.

Roll Call

1.5.

Presentation – Concerned Citizens for Justice

2.

CONSENT AGENDA

Emergency item cooling centers - smoke and heat

2.1.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO GRANTING A FRANCHISE FOR THE EXCLUSIVE USE OF A PORTION OF CITY STREETS, SIDEWALKS, OR OTHER CITY PROPERTY - MUNICIPAL PARKING LOT 1 - TO CHICO CERTIFIED FARMERS MARKET, INC - Final reading and adoption, by reading of title only Adopt - At its meeting of August 4, 2020, Council conducted a public hearing and introduced an ordinance granting a franchise to Chico Certified Farmers Market. (Brendan Ottoboni, Public Works Director-Engineering) 2.1. Ordinance - CCFM Franchise

2.2.

CARES ACT RELIEF FUND ALLOCATION ACCEPTANCE In response to the COVID-19 pandemic, the California State Department of Finance released direct allocations from $500 million in federal CARES Act funding. Funds are applicable for eligible COVID-19 expenses incurred from March 1, 2020 through October 30, 2020. The City of Chico has been allocated $1,362,210 which will be used to offset the costs incurred during this pandemic. (Mark Orme, City Manager) Recommendation : The City Manager recommends the Council 1) accept the supplemental funding to reimburse the City of Chico for allowable costs required to handle our response to the COVID-19 pandemic; and 2) authorize the City Manager or his designee, to allocate and expend the funds according to the eligible expenses as outlined in the CARES Act. 2.2. CARES Act Relief Fund

2.3.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO CHICO UNIFIED SCHOOL DISTRICT FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY (PLEASANT VALLEY HIGH SCHOOL - 1475 EAST AVENUE (APN 105-490-001)) Chico Unified School District has requested a Grant of License from the City of Chico to utilize a portion of public right-of-way adjacent to Pleasant Valley High School, 1475 East Avenue, for the placement of an enclosed trash receptacle. (APN 105-490-001). (Brendan Ottoboni, Public Works Director - Engineering) 2.3. Grant of License - PVHS

2.4.

BUTTE COUNTY GRAND JURY RESPONSE In accordance with the California State Penal Code, the City is required to provide a response to the 2019-20 Butte County Grand Jury's report. The following response provides a consolidated response to all findings and recommendations directed towards the City of Chico which require responses. The City Manager recommends that the City Council review, consider, and accept a response to the 2019-20 Butte County Grand Jury Report and forward the response to the Grand Jury. (Chris Constantin, Assistant City Manager) 2.4. BC Grand Jury Response

2.5.

SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2021-PW-001 The Director of Public Works - Engineering requests consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2020-21 Budget. (Brendan Ottoboni, Director of Public Works - Engineering) 2.5. Budget Modification - PW

2.6.

ITEMS REMOVED FROM THE CONSENT AGENDA

Ory change order of agenda 5.3. then 5.2

3.

BUSINESS FROM THE FLOOR - Members of the public may address the Council at this time on any matter not already listed on the agenda, with comments being limited to three minutes or as determined by the Mayor based on the number of speakers. The Council cannot take any action at this meeting on requests made under this section of the agenda.

4.

PUBLIC HEARINGS

4.1.

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 today's meeting, the City Council will be asked to consider fee increases to be incorporated in the City's Fee Schedule. A public hearing will be conducted specifically to address proposed cost of living increases to Development Impact Fees. (Report - Kathryn Mathes, Accounting Manager) Recommendation : The 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. 342 - FEE SCHEDULES: 11.010, 21.010, 21.025, 21.035, 40,030, 50.010, 50.020, 50.030, 50.040, 50.050, 50.060, 60.020, 60.110, 90.010 4.1. Fee Schedule

4.2.

COMMERCIAL CANNABIS REGULATION: INTRODUCTION AND FIRST READING OF TWO ORDINANCES AND ADOPTION OF RESOLUTION TO ALLOW COMMERCIAL CANNABIS BUSINESSES The two ordinances and codified resolution presented for adoption constitute a comprehensive program to allow and regulate certain commercial cannabis activities in the City of Chico. An amendment to Title 5 of the Chico Municipal Code is presented to regulate commercial cannabis businesses through an annual permit system for commercial cannabis businesses. Policies and procedures regarding the application, review and selection of commercial cannabis businesses are also being proposed. Finally, amendments to Title 19.75 "Cannabis Regulation", and land use tables in Chapters 19.44, 19.46, 19.48, and 19.80 are presented to address where commercial cannabis businesses would be allowed and what operating conditions would need to be met. (Report - Andrew Jared, City Attorney) Recommendation : After taking public comment and closing the public hearing: 4.2. Staff Report Commercial Cannabis

Exhibit 1 - 3/17/20 Staff Report - Commercial Cannabis

Exhibit 2 - CDD: Parking Analysis

Exhibit 3 - Proposed Indemnity Agreement

1.