2/2/21 City Council Meeting

# ADJOURNED REGULAR CHICO CITY COUNCIL MEETING – February 2, 2021 Minutes

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

1.2. Call to Order - Mayor Coolidge called the February 2, 2021 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3. Invocation – Police Chaplain James Burkett

1.4. Pledge of Allegiance to the Flag

## 1.5. Roll Call

Present: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, Coolidge Absent: None

## 2. CONSENT AGENDA

Addressing the Council on the Consent Agenda via Engaged Chico were Jesica Giannola, Taylor Skinner, Jessica Bender, Alicia Trider, Ingrid Butchart, Casey Croninger, Mark Kechloian, Julie Threet, Kimberly Burke, Jacky Smith, Theresa Juelch, Robin Indar, Kim Dietz, Shannel Fowler, Peggy Jarolin, Yvonne Johnson, Nichole Nava, Erica Witowski, Gary Viertell, Claudette Ritter, Michele Burton, Ruth Sarnoff, and Mark Ruffner.

A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to approve the Consent Agenda, as read, with it noted that Councilmembers Brown and Huber voted "no" on Item 2.1.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, Coolidge NOES: None

2.1. ORDINANCE NO. 2561 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 9 PUBLIC PEACE, SAFETY AND MORALS BY ADDING SECTION 9.29 “SYRINGE EXCHANGE PROGRAMS – PROHIBITED” TO THE CHICO MUNICIPAL CODE TO BAN SYRINGE EXCHANGE PROGRAMS – Final reading and adoption by reading of title only

Councilmembers Brown and Huber voted "no" on this item.

2.2. RESOLUTION NO. 02-21 - RESOLUTION OF THE CHICO CITY COUNCIL APPROVING AN ALLOCATION OF FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE CDBG-DR PROGRAM

In response to the 2018 wildfires, the United States Department of Housing & Urban Development (HUD) allocated CDBG-DR funding to the State of California Department of Housing and Community Development (HCD) to be distributed statewide to disaster-affected areas.

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This funding was in response to the State of California's unmet recovery needs related to the FEMA Major Declaration (DR-4407), which included the Camp Fire disaster affecting Butte County. The City of Chico's CDBG-DR Multifamily Housing Program allocation was $32,496,114.00. (Report -MaryJo Alonzo, Housing Specialist)

## 2.3. RESOLUTION NO. 03-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO GRANTING AN APPEAL OF PUBLIC WORKS DIRECTOR-ENGINEERING'S DETERMINATION APPLYING SEWER MAIN INSTALLATION FEES TO PARCEL MAP NO. 15-03

On December 15, 2020, the City Council granted an Administrative Appeal filed by Mr. Steven Seidenglanz regarding payment of sewer main installation fees for Parcel Map No. 15-03. This resolution affirms the City Council's determination on the Appeal, and clarifies the conditions placed on the Applicant as part of that approval. (Report - Andrew Jared, City Attorney)

## 2.4. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-3

An amendment to the City of Chico's 2020/21 Fiscal Year Budget Appendix B-3, modifying the Full-time position allocations for the Community Development Department - Planning and Housing. (Brendan Vieg, Community Development Director - Planning)

## 2.5. BUDGET MODIFICATION NO. 2021-ASD-005

The City's existing public safety evidentiary storage and backup solutions are unable to keep up with growing storage requirements and changing security landscape. Information Systems (IS) staff identified two solutions to replace aging hardware and provide significantly increased protection. Staff recommended approval of Budget Modification No. 021-ASD-005. (Scott Dowell, Administrative Services Director)

## 2.6. ACKNOWLEDGEMENT AND ACCEPTANCE OF ANNUAL AUDITED FINANCIAL REPORTS

The certified public accounting firm of CliftonLarsonAllen, LLP was engaged by the City Council to perform an audit of the financial statements and perform compliance testing of the City of Chico, Chico Public Financing Authority, Passenger Facility Charge and Chico Urban Area Joint Powers Financing Authority for the fiscal year ended June 30, 2020. CliftonLarsonAllen, LLP issued unmodified (clean) audit opinions on all financial statements. (Report - Kathryn Mathes, Accounting Manager)

## 2.7. ITEMS REMOVED FROM THE CONSENT AGENDA - None

3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on any matter not already listed on the agenda, with comments being provided via the Engaged Chico platform and or via email at publiccomments@chicoca.gov. The Council was precluded from taking any action at this meeting on requests made under this section of the agenda.

Addressing the Council under this item were Katie Vanderwall-Cook, Andrea Martin, Jesica Giannola, Taylor Skinner, David Hare, David Petersen, Julio Doming, Alicia Trider, Mary Lopez, Suzie Ling, Mary Anderson, Kimberly Burke, George Deeds, Ruth Sarnoff, Tom Daz, Rose Thulin, Melissa McHarris, Ed Holohan, Sabrina Struth, Daniel Toms, Julia Flynn, Robin Indar, Juan Araujo Sarinana, Josh Indar, Melanie O'Hara, Debora Jones, Kim Dietz, AJ Leung, Michele Burton, Peggy Jarolin, Nichole Nava, Susan Smead, Erica Witowski, Claudette Ritter, Joan Kirsch, Doreen Denlay, Karin Willhoit, and Larry Coleman.

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## 4. PUBLIC HEARINGS

## 4.1. ADMINISTRATIVE APPEAL - NOTICE OF DETERMINATION, BRUCE ROAD REHABILITATION PROJECT

The City approved the Bruce Road Reconstruction Project (the "Project"), which involves reconstruction and widening from 2- to 4-lanes of an approximately 2-mile segment of Bruce Road from State Road 32 to Skyway. The City adopted a Notice of Determination (NOD) for the Project on November 24, 2020. The NOD is based on an Initial Study and Mitigated Negative Declaration prepared in accordance with requirements of the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) and its implementing Guidelines. The Northern California Environmental Defense Center and John B. Merz, represented by Richard Harriman, appealed the NOD on December 7, 2020 under Chico Municipal Code Section 1.40.060. The City Council conducted a hearing regarding the appeal consistent with Chico Municipal Code Section 1.40.060.

(Report - Brendan Vieg, Community Development Director and Brendan Ottoboni, Public Works Director-Engineering)

Ex Parte Communications - None reported.

Mayor Coolidge opened the hearing to the public.

Addressing the Council regarding this hearing via Engaged Chico were Steven Marquardt, Jesica Giannola, Katy Thoma, Karen Laslo, Maggie Scarpa, Andy Willhoit, Peggy Jarolin, Ingrid Butchart, Casey Croninger, Frankie Miller, Margaret Higginson, Bill Brouhard, Meghan Tompkins, Clark Gardner, Ann Nielsen, Jacky Smith, Doreen Denlay, Michele Burton, Bill Knudsen, Ed Rodgers, Neil Potts, Ed Holohan, Carrie Welch, Adele Wickman, Dianna Wright, Jennifer Doerr, Lance Whittaker, Susan Smead, Nichole Nava, Ruth Sarnoff, and Kate Leyden.

The hearing was closed to further input.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to deny the administrative appeal filed by the Northern California Environmental Defense Center and John B. Merz regarding the Notice of Determination for the Bruce Road Rehabilitation Project thereby upholding the Community Development Director's administrative decision to adopt the Mitigated Negative Declaration and file the Notice of Determination for the same.

The motion carried by the following vote:

2/2/21 City Council Meeting

REGULAR CHICO CITY COUNCIL MEETING February 2, 2021 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

REGULAR CITY COUNCIL MEETING - 6:00 p.m. 2/2/21 Agenda

1.2.

Call to Order - Mayor Coolidge called the February 2, 2021 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3.

Invocation – Police Chaplain James Burkett

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

2.

CONSENT AGENDA Addressing the Council on the Consent Agenda via Engaged Chico were Jesica Giannola, Taylor Skinner, Jessica Bender, Alicia Trider, Ingrid Butchart, Casey Croninger, Mark Kechloian, Julie Threet, Kimberly Burke, Jacky Smith, Theresa Juelch, Robin Indar, Kim Dietz, Shannel Fowler, Peggy Jarolin, Yvonne Johnson, Nichole Nava, Erica Witowski, Gary Viertell, Claudette Ritter, Michele Burton, Ruth Sarnoff, and Mark Ruffner.

2.1.

ORDINANCE NO. 2561 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 9 PUBLIC PEACE, SAFETY AND MORALS BY ADDING SECTION 9.29 "SYRINGE EXCHANGE PROGRAMS - PROHIBITED" TO THE CHICO MUNICIPAL CODE TO BAN SYRINGE EXCHANGE PROGRAMS - Final reading and adoption by reading of title only (Councilmembers Brown and Huber voted "no" on this item.) 2.1. Ordinance - Syringe ban

2.2.

RESOLUTION NO. 02-21 - RESOLUTION OF THE CHICO CITY COUNCIL APPROVING AN ALLOCATION OF FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE CDBG-DR PROGRAM In response to the 2018 wildfires, the United States Department of Housing & Urban Development (HUD) allocated CDBG-DR funding to the State of California Department of Housing and Community Development (HCD) to be distributed statewide to disaster-affected areas. This funding was in response to the State of California's unmet recovery needs related to the FEMA Major Declaration (DR-4407), which included the Camp Fire disaster affecting Butte County. The City of Chico's CDBG-DR Multifamily Housing Program allocation is $32,496,114.00. (Report -MaryJo Alonzo, Housing Specialist) 2.2. Staff Report

2.3.

RESOLUTION NO. 03-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO GRANTING AN APPEAL OF PUBLIC WORKS DIRECTOR-ENGINEERING'S DETERMINATION APPLYING SEWER MAIN INSTALLATION FEES TO PARCEL MAP NO. 15-03 On December 15, 2020, the City Council granted an Administrative Appeal filed by Mr. Steven Seidenglanz regarding payment of sewer main installation fees for Parcel Map No. 15-03. This resolution affirms the City Council's determination on the Appeal, and clarifies the conditions placed on the Applicant as part of that approval. (Report - Andrew Jared, City Attorney) 2.3. Staff Report

2.4.

AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-3 An amendment to the City of Chico's 2020/21 Fiscal Year Budget Appendix B-3, modifying the Full-time position allocations for the Community Development Department - Planning and Housing. (Brendan Vieg, Community Development Director - Planning) 2.4. Staff Report

2.5.

BUDGET MODIFICATION NO. 2021-ASD-005 The City's existing public safety evidentiary storage and backup solutions are unable to keep up with growing storage requirements and changing security landscape. Information Systems (IS) staff identified two solutions to replace aging hardware and provide significantly increased protection. Staff recommended approval of Budget Modification No. 021-ASD-005. (Scott Dowell, Administrative Services Director) 2.5. Staff Report

2.6.

ACKNOWLEDGEMENT AND ACCEPTANCE OF ANNUAL AUDITED FINANCIAL REPORTS The certified public accounting firm of CliftonLarsonAllen, LLP was engaged by the City Council to perform an audit of the financial statements and perform compliance testing of the City of Chico, Chico Public Financing Authority, Passenger Facility Charge and Chico Urban Area Joint Powers Financing Authority for the fiscal year ended June 30, 2020. CliftonLarsonAllen, LLP issued unmodified (clean) audit opinions on all financial statements. (Report - Kathryn Mathes, Accounting Manager) 2.6. Staff Report

2.7.

ITEMS REMOVED FROM THE CONSENT AGENDA - None

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 provided via the Engaged Chico platform and or via email at publiccomments@chicoca.gov. The Council is precluded from taking any action at this meeting on requests made under this section of the agenda. Addressing the Council under this item were Katie Vanderwall-Cook, Andrea Martin, Jesica Giannola, Taylor Skinner, David Hare, David Petersen, Julio Doming, Alicia Trider, Mary Lopez, Suzie Ling, Mary Anderson, Kimberly Burke, George Deeds, Ruth Sarnoff, Tom Daz, Rose Thulin, Melissa McHarris, Ed Holohan, Sabrina Struth, Daniel Toms, Julia Flynn, Robin Indar, Juan Araujo Sarinana, Josh Indar, Melanie O'Hara, Debora Jones, Kim Dietz, AJ Leung, Michele Burton, Peggy Jarolin, Nichole Nava, Susan Smead, Erica Witowski, Claudette Ritter, Joan Kirsch, Doreen Denlay, Karin Willhoit, and Larry Coleman.

4.

PUBLIC HEARINGS

4.1.

ADMINISTRATIVE APPEAL - NOTICE OF DETERMINATION, BRUCE ROAD REHABILITATION PROJECT Hearing: The City approved the Bruce Road Reconstruction Project (the "Project"), which involves reconstruction and widening from 2- to 4-lanes of an approximately 2-mile segment of Bruce Road from State Road 32 to Skyway. The City adopted a Notice of Determination (NOD) for the Project on November 24, 2020. The NOD is based on an Initial Study and Mitigated Negative Declaration prepared in accordance with requirements of the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) and its implementing Guidelines. The Northern California Environmental Defense Center and John B. Merz, represented by Richard Harriman, appealed the NOD on December 7, 2020 under Chico Municipal Code Section 1.40.060. The City Council will conduct a hearing regarding the appeal consistent with Chico Municipal Code Section 1.40.060. (Report - Brendan Vieg, Community Development Director and Brendan Ottoboni, Public Works Director-Engineering) Recommendation : The Community Development Director recommends that the City Council deny the appeal and uphold the Community Development Director's determination by the following motion: The City Council of the City of Chico hereby denies the administrative appeal filed by the Northern California Environmental Defense Center and John B. Merz regarding the Notice of Determination for the Bruce Road Rehabilitation Project and upholds the Community Development Director's administrative decision to adopt the Mitigated Negative Declaration and file the Notice of Determination for the same. 4.1. Staff Report

4.1. Attachment A - NCEDC Appeal

4.1. Attachment B - Appeal response - Bruce Road

4.1. Attachment C - Record of Decision

4.2.

HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A40 - MERIAM PARK SUBDIVISION PHASE D A condition of approval of a final subdivision map requires the property owners, Gonzales Family Residential, LLC and The MP Blocks, LLC, to provide a means for funding the future replacement and annual operation and maintenance costs of certain public improvements which include landscaped and irrigated medians, street trees and colored-stamped concrete, which are of special benefit to the subdivision. The new maintenance assessment district is located within the Meriam Park Development between Notre Dame Blvd., Concord Ave., Tapia way and Springfield Drive. (APNs 002-690-031, -032, -033, -034, -035, -036, -037 -038, -040 and -041). (Report - Brendan Ottoboni, 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. A40 - MERIAM PARK SUBDIVISION PHASE D 4.2. Staff Report

5.