11/1/22 City Council

# REGULAR CHICO CITY COUNCIL MEETING - November 1, 2022 Minutes

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

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

1.3. Invocation – Minister Chet Rutledge, Chico Church of Christ

## 1.4. Pledge of Allegiance to the Flag

## 1.5. Roll Call

Present: Bennett, Brown, Morgan, Tandon, Reynolds, Coolidge Absent: O'Brien

## 1.6. November 1, 2022 Closed Session Announcement

City Attorney Ewing announced that Council met with staff in Closed Session at 5:00 p.m. where they received updates on the following items:

2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - No action was taken; direction was provided.

2.2. 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 - No action was taken; direction was provided.

2.3. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): One case - No action was taken; direction was provided.

## 1.7. Proclamation - Homeless and Runaway Youth Month

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

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

The motion carried by the following vote:

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

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## 2.1. ADOPTION OF SEWER IN LIEU RESOLUTIONS - 1721 CHICO RIVER ROAD AND 418 WEST 12TH AVENUE

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. (Leigh Ann Sutton, Public Works Director-Engineering)

RESOLUTION NO. 66-22: 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 - 1721 CHICO RIVER ROAD - ASSESSOR'S PARCEL NO. 004-490-030 (Petition from property owner Kurt A. Huffine)

RESOLUTION NO. 67-22: 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 - 418 WEST 12TH AVENUE - ASSESSOR'S PARCEL NO. 043-620-020 (Petition from property owners Michael L. Fisher and Laura Fisher)

## 2.2. CONSIDERATION OF A PROPOSAL TO RESTORE NATIVE FISH PASSAGE ON BIG CHICO CREEK AT THE IRON CANYON FISH LADDER IN UPPER BIDWELL PARK

The City Council considered supporting a renewed interest by the several regulatory agencies and other interested groups in restoring the Iron Canyon Fish Ladder in Upper Bidwell Park to allow fish, such as spring run Chinook salmon, steelhead and other native species, passage to upstream holding, spawning, and rearing habitats on Big Chico Creek. (Linda Herman, Park & Natural Resources Manager).

## 2.3. CONSIDERATION OF SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR A FIVE-YEAR TERM

The City of Chico has a long-standing relationship with Carollo Engineering, Inc. and has relied on their expertise as a third-party engineering partner for over twenty years. Carollo has a vast amount of working knowledge of the Water Pollution Control Plant (WPCP) and was the contracted engineering design firm through both expansions. The WPCP has other agreements already in place with Carollo for National Discharge Elimination System (NPDES) permit compliance assistance and other improvements within the sewer utility. Staff proposed to continue a sole source Professional Services Agreement with Carollo Engineers, Inc. for a term of five-years. (Erik Gustafson, Public Works Director - Operations and Maintenance)

## 2.4. APPROVAL OF COUNCIL MEETING MINUTES OF 10/18/22

## 2.5. 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.

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Addressing the Council on this item was James Hutchinson.

## 4. PUBLIC HEARINGS

## 4.1. HEARING ORDERING THE ABANDONMENT AND VACATION OF RIGHT-OF-WAY EASEMENT IN THE VICINITY OF 951 WALNUT STREET - ASSESSORS PARCEL NUMBER 004-290-021

At its meeting of October 4, 2022, the City Council adopted Resolution No. 57-22 stating its intent to abandon the public utility easements and set the public hearing for this meeting. (Report - Leigh Ann Sutton, Director of Public Works-Engineering)

Mayor Coolidge opened the hearing. No one spoke and the hearing was closed to public comment.

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

RESOLUTION NO. 68-22: RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING ABANDONMENT AND VACATION OF PUBLIC STREET PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (IN THE VICINITY OF 951 WALNUT STREET - ASSESSOR PARCEL NUMBER 004-290-021)

The motion carried by the following vote:

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

## 5. REGULAR AGENDA

11/1/22 City Council

REGULAR CHICO CITY COUNCIL MEETING November 1, 2022 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

REGULAR CITY COUNCIL MEETING - 6:00 p.m. 11/1/22 Agenda

1.2.

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

1.3.

Invocation – Minister Chet Rutledge, Chico Church of Christ

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

November 1, 2022 Closed Session Announcement

1.7.

Proclamation - Homeless and Runaway Youth Month

2.

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

2.1.

ADOPTION OF SEWER IN LIEU RESOLUTIONS - 1721 CHICO RIVER ROAD AND 418 WEST 12TH AVENUE 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. (Leigh Ann Sutton, Public Works Director-Engineering) RESOLUTION NO. 66-22: 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 - 1721 CHICO RIVER ROAD - ASSESSOR'S PARCEL NO. 004-490-030 (Petition from property owner Kurt A. Huffine) RESOLUTION NO. 67-22: 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 - 418 WEST 12TH AVENUE - ASSESSOR'S PARCEL NO. 043-620-020 (Petition from property owners Michael L. Fisher and Laura Fisher) 2.1. Staff Report

2.2.

CONSIDERATION OF A PROPOSAL TO RESTORE NATIVE FISH PASSAGE ON BIG CHICO CREEK AT THE IRON CANYON FISH LADDER IN UPPER BIDWELL PARK The City Council considered supporting a renewed interest by the several regulatory agencies and other interested groups in restoring the Iron Canyon Fish Ladder in Upper Bidwell Park to allow fish, such as spring run Chinook salmon, steelhead and other native species, passage to upstream holding, spawning, and rearing habitats on Big Chico Creek. (Linda Herman, Park & Natural Resources Manager). 2.2. Staff Report

2.3.

CONSIDERATION OF SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR A FIVE-YEAR TERM The City of Chico has a long-standing relationship with Carollo Engineering, Inc. and has relied on their expertise as a third-party engineering partner for over twenty years. Carollo has a vast amount of working knowledge of the Water Pollution Control Plant (WPCP) and was the contracted engineering design firm through both expansions. The WPCP has other agreements already in place with Carollo for National Discharge Elimination System (NPDES) permit compliance assistance and other improvements within the sewer utility. Staff proposed to continue a sole source Professional Services Agreement with Carollo Engineers, Inc. for a term of five-years. (Erik Gustafson, Public Works Director - Operations and Maintenance) 2.3. Staff Report

2.4.

APPROVAL OF COUNCIL MEETING MINUTES OF 10/18/22 2.4. Draft Minutes

2.5.

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 THE ABANDONMENT AND VACATION OF RIGHT-OF-WAY EASEMENT IN THE VICINITY OF 951 WALNUT STREET - ASSESSORS PARCEL NUMBER 004-290-021 At its meeting of October 4, 2022, the City Council adopted Resolution No. 57-22 stating its intent to abandon the public utility easements and set the public hearing for this meeting. (Report - Leigh Ann Sutton, Director of Public Works-Engineering) Recommendation : The Public Works Director-Engineering recommends adoption of the following resolution: RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING ABANDONMENT AND VACATION OF PUBLIC STREET PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (IN THE VICINITY OF 951 WALNUT STREET - ASSESSOR PARCEL NUMBER 004-290-021) 4.1. Staff Report

5.

REGULAR AGENDA

5.1.

INTRODUCTION OF AN ORDINANCE ADOPTING THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE AND LOCAL AMENDMENTS Amending the Chico Municipal Code to adopt the 2022 California Building Standards Code will keep the City in conformance with State regulations. The proposed ordinance provides for the adoption of the 2022 edition of the California Building Standards Code which encompasses the Building, Residential, Mechanical, Plumbing, Energy, Electrical, Fire, Historical Building, Existing Building and Green Building Standard Code; re-adopts previous City of Chico local amendments; adopts the 2021 International Property Maintenance Code; and cleans up existing provisions of the Chico Municipal Code to reflect the aforementioned new California Building Standards Code. The California Health and Safety Code allows cities to amend the California Building Standards Code when deemed necessary and reasonable due to local climatic, geological and topographical conditions. The proposed ordinance makes said findings and determinations to support the local amendments. Local amendments must be more restrictive than State codes, and findings for each amendment must be established and filed with the Building Standards Commission for them to be enforceable. (Report - Brendan Vieg, Community Development Director & Steve Standridge, Fire Chief) Recommendation : The Community Development Director and Fire Chief recommend that the City Council introduce an Ordinance to amend Chico Municipal Code Title 16R, as well as Chapters 16R.02 through 16R.42, all relating to adoption of the 2022 California Building Standards Code by reading of the following ordinance in its title only: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, AMENDING TITLE 16R OF THE CHICO MUNICIPAL CODE RELATING TO THE ADOPTION BY REFERENCE OF THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, RESIDENTIAL, ENERGY, GREEN BUILDING, AND FIRE CODES AND STANDARDS; AS WELL AS THE ADOPTION BY REFERENCE OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING, ADDING OR REPEALING PROVISIONS IN TITLE 16R OF THE CHICO MUNICIPAL CODE FOR THE ADMINISTRATION AND ENFORCEMENT BY THE CITY'S BUILDING DIVISION AND FIRE DEPARTMENT 5.1. Staff Report

5.2.

RESOLUTION APPROVING THE COMMUNITY WILDFIRE PROTECTION PLAN Following the catastrophic fires that have affected the region and the City in the last several years, the City Council approved funding for the development of a city specific Community Wildfire Protection Plan (CWPP) in Fiscal Year 2020-2021. The CWPP is a strategic level document that provides a comprehensive assessment of the entire City's wildland-urban interface hazards and risks that allows a more holistic approach for creating a safer and more resilient community. On September 21, 2022, the Fire Chief received the final the CWPP in accordance with the Healthy Forests Restoration Act requirements. (Report - Steve Standridge, Fire Chief) Recommendation : The Fire Chief recommends adoption of the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE COMMUNITY WILDFIRE PROTECTION PLAN 5.2. Staff Report