9/19/23 City Council

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

1.2. Call to Order - Mayor Coolidge called the September 19, 2023 - Adjourned Regular City Council to meeting to order at 6:11 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

## 1.3. Invocation - Chaplain Eileen Brownell

## 1.4. Pledge of Allegiance to the Flag

## 1.5. Roll Call

Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge Absent: None

## 1.6. September 19, 2023 Closed Session Announcement

City Attorney Glasman announced that all seven members of Council met in Closed Session with staff regarding the following items:

2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 – Council received an briefing from its Negotiator. Direction was provided; no action taken.

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

2.2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement No on Measure H et al v. City of Chico, et al - Update was provided; no action taken.

2.3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico - Update was provided; no action taken.

2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): 1 case – This item was related to Item 2.6, with direction provided; no formal action taken.

2.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney - Direction was provided to the City Attorney; no action taken.

2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - 2 items added as noted below:

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CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC Case No. 2:18-cv-01692-MCE-AC: Estate of Tyler R. Rushing, et al. v. City of Chico, et al. - Direction was provided; no action taken.

CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.(a): BSCS Case No. 23CV01870: Leigh Ann Sutton v. City of Chico, et al. - Update was provided; no action taken.

## 1.7. Proclamation - California Native American Day

2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine in nature and could therefore be enacted in one motion.

Addressing the Council on the Consent Agenda were James Hutchinson and Grace Marvin.

Councilmember Winslow noted for the record that he was voting "no" on Consent Agenda Items 2.2. and 2.3.

A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to approve the Consent Agenda, as read, with Councilmember Winslow voting “no” on Items 2.2. and 2.3.

The motion carried by the following vote:

AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

2.1. ORDINANCE NO. 2591 - AN ORDINANCE OF THE CITY OF CHICO CITY COUNCIL REPEALING TITLE 18 AND REPLACING WITH THE COMPREHENSIVE CHICO MUNICIPAL CODE TITLE 18 SUBDIVISION ORDINANCE UPDATE - Final reading and adoption by reading of title only.

2.2. ORDINANCE NO. 2592 - AN ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 1, CHAPTER 1.14 OF THE CITY OF CHICO MUNICIPAL CODE TO REVISE THE NUISANCE ABATEMENT CHAPTER - Final reading and adoption by reading of title only. Councilmember Winslow voted “no” on this item.

2.3. ORDINANCE NO. 2593 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADDING A NEW CHAPTER 9.32 TO THE CHICO MUNICIPAL CODE REGULATING STOLEN OR ABANDONED SHOPPING CARTS AND OTHER CARTS, ESTABLISHING AN ABATEMENT AND ENFORCEMENT PROGRAM RELATED THERETO - Final reading and adoption by reading of title only. Councilmember Winslow voted “no” on this item.

2.4. RESOLUTION NO.23 - RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) FUNDS TO PARK AVENUE HOUSING PARTNERS LP FOR THE DEVELOPMENT OF THE AFFORDABLE HOUSING PROJECT AT 1297 PARK AVENUE

Jamboree Housing Corporation (Jamboree) is redeveloping the site of the former Jesus Center located at 1297 Park Avenue (APNs 005-136-017 and 005-136-018) into a 58-unit affordable apartment complex for extremely low- to low-income households including those with special needs, and one manager's unit. The City Council authorized loans from the City s Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds, to support this project. Jamboree requested additional funds to address additional, unanticipated costs including replacement of the manager unit rather than rehabilitation of the existing unit. Additional CDBG and HOME funds were allocated through the City s 2023-2024 Annual Budget and federal Annual Action Plan. (Marie Demers, Housing Manager)

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# 2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 8/1/23 AND 9/5/23

## 2.6. CONSIDERATION OF DOWNTOWN CHICO BUSINESS ASSOCIATION’S SIX-MONTH PROGRESS REPORT

On March 21, 2023, the City Council approved a three-year Professional Services Agreement with the Downtown Chico Business Association (DCBA) for the Downtown Business District Enhancement Program. Per the Agreement, the DCBA was to provide the Council with progress reports at six, nine, twelve, eighteen, and twenty-four months from the date of execution. (Jennifer Macarthy, Deputy City Manager)

## 2.7. 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 could not act on requests made under this section of the agenda.

Addressing the Council were Sasha Sarnoff, Julie Threet, Rob Berry, James Hutchinson, Bill Monroe, and Loree Monroe.

## 4. PUBLIC HEARINGS

## 4.1. PUBLIC HEARING OF THE 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS

9/19/23 City Council

REGULAR CHICO CITY COUNCIL MEETING September 19, 2023 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 9/19/23 Agenda

9/19/23 Agenda - Amended

1.2.

Call to Order - Mayor Coolidge called the September 19, 2023 - Adjourned Regular City Council to meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3.

Invocation - Chaplain Eileen Brownell

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

September 19, 2023 Closed Session Announcement City Attorney Glasman announced that Council met in Closed Session with staff on the following items: 2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - Direction was provided; no action taken. 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 2.2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement No on Measure H et al v. City of Chico, et al - Update was provided; no action taken. 2.3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico - Update was provided; no action taken. 2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): 1 case - Direction was provided; no action taken. 2.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney - Direction was provided; no action taken. 2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - 2 items added CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC Case No. 2:18-cv-01692-MCE-AC: Estate of Tyler R. Rushing, et al. v. City of Chico, et al. - Direction was provided; no action taken. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.(a): BSCS Case No. 23CV01870: Leigh Ann Sutton v. City of Chico, et al. - Update was provided; no action taken.

1.7.

Proclamation - California Native American Day 1.7. Proclamation - California Native American Day

2.

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

2.1.

ORDINANCE NO. 2591 - AN ORDINANCE OF THE CITY OF CHICO CITY COUNCIL REPEALING TITLE 18 AND REPLACING WITH THE COMPREHENSIVE CHICO MUNICIPAL CODE TITLE 18 SUBDIVISION ORDINANCE UPDATE - Final reading and adoption by reading of title only 2.1. Ordinance - Title 18 Update

2.2.

ORDINANCE NO. 2592 - AN ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 1, CHAPTER 1.14 OF THE CITY OF CHICO MUNICIPAL CODE TO REVISE THE NUISANCE ABATEMENT CHAPTER - Final reading and adoption by reading of title only 2.2. Ordinance - Title 1, Nuisance Abatement

2.3.

ORDINANCE NO. 2593 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADDING A NEW CHAPTER 9.32 TO THE CHICO MUNICIPAL CODE REGULATING STOLEN OR ABANDONED SHOPPING CARTS AND OTHER CARTS, ESTABLISHING AN ABATEMENT AND ENFORCEMENT PROGRAM RELATED THERETO - Final reading and adoption by reading of title only 2.3. Ordinance - Title 9, Shopping Carts

2.4.

RESOLUTION NO.23 - RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) FUNDS TO PARK AVENUE HOUSING PARTNERS LP FOR THE DEVELOPMENT OF THE AFFORDABLE HOUSING PROJECT AT 1297 PARK AVENUE Jamboree Housing Corporation (Jamboree) is redeveloping the site of the former Jesus Center located at 1297 Park Avenue (APNs 005-136-017 and 005-136-018) into a 58-unit affordable apartment complex for extremely low- to low-income households including those with special needs, and one manager s unit. The City Council authorized loans from the City s Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds, to support this project. Jamboree requested additional funds to address additional, unanticipated costs including replacement of the manager unit rather than rehabilitation of the existing unit. Additional CDBG and HOME funds were allocated through the City s 2023-2024 Annual Budget and federal Annual Action Plan. (Marie Demers, Housing Manager) 2.4. Staff Report

2.5.

APPROVAL OF COUNCIL MEETING MINUTES OF 8/1/23 AND 9/5/23 2.5. Draft Minutes 8/1/23

2.5. Draft Minutes 9/5/23

2.6.

CONSIDERATION OF DOWNTOWN CHICO BUSINESS ASSOCIATION S SIX-MONTH PROGRESS REPORT On March 21, 2023, the City Council approved a three-year Professional Services Agreement with the Downtown Chico Business Association (DCBA) for the Downtown Business District Enhancement Program. Per the Agreement, the DCBA was to provide the Council with progress reports at six, nine, twelve, eighteen, and twenty-four months from the date of execution. (Jennifer Macarthy, Deputy City Manager) 2.6. Staff Report

2.7.

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

4.

PUBLIC HEARINGS

4.1.

PUBLIC HEARING OF THE 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS A condition for receipt of federal funding for the Community Development Block Grant (CDBG) program and the Home Investment Partnerships Program (HOME) required that the City prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) regarding the use of such funds. The report is to be prepared at the conclusion of each program year and made available for a 15-day public comment period. The City must hold a public hearing on the report at the conclusion of the public comment period. (Report - MaryJo Alonzo, Housing Program Analyst) Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed. Recommendation : The Community Development Director recommends that City Council: Hold a public hearing, accept public comment, and authorize staff to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD). 4.1. Staff Report