Draft Minutes. March 21, 2017

Transcription

1 Draft March 21, 2017

2 ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - March 21, ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 D.m Call to Order - Mayor Morgan called the March 21, Adiourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street Invocation - Pastor Bryan Meyers, Grace Community Church 1.4. Pledge of Allegiance to the Flag 1.5. Roll Call Present: Absent: 1.6. Mayor's Achievement Award - Lynda Cameron, Administrative Analyst CONSENT AGENDA Addressing the Council on the Consent Agenda were Donna Shary and Bob James. A motion was made by Stone and seconded by Coolidge to approve the Consent Agenda as read, with the exception of Item 2.2. which was removed and considered separately RESOLUTION NO RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO ABANDON AND VACATE TWO(2) PUBLIC UTILITY EASEMENTS PURSUANT TO THE PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW (WILDWOOD ESTATES SUBDIVISION, PHASE 5 / ASSESSOR'S PARCEL NOS (PTN) AND (PTN Adopted - a resolution of intention to abandon and vacate two(2) three-foot wide public utilitv easements located on the north side of Pendant Place. east of Levi Lane and west of Eaton Road. within the Wildwood Estates. Phase 5 Subdivision. (Brendan Ottoboni. Public Works Director - Enctineerinci) 2.2. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY- THE ANNEX (27 LOST DUTCHMAN DRIVE, CHICO 95973) - APN Accepted - The Police Department's recommendation for a determination of public convenience or necessity for The Annex. The Department of Alcoholic Beverage Control has determined that The Annex. a bar/nightclub public premise located at 27 Lost Dutchman Drive is in an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Sections , the requested Tvge 48 license requires a Citv Council determination that Dublic March 21, 2017 Page 1 Of8

3 convenience or necessity would be served bv its issuance. The Chief of Police recommends a determination of public convenience or necessity. (Interim Lt. Scott Zuschin Councilmember Schwab removed this item from the Consent Agenda for further discussion. A motion was made by Sorensen and seconded by Stone to accept the following: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY- THE ANNEX (27 LOST DUTCHMAN DRIVE, CHICO 95973) - APN Coolidge, Ory, Sorensen, Stone, Fillmer, Morgan Schwab 23. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 12/20/16,1/3/17, 1/17/17,2/7/17, & 2/21/17, AS AMENDED 2.4. ITEMS REMOVED FROM CONSENT - Item PUBLIC HEARINGS 3.1. RESOLUTION AMENDING FEE SCHEDULE (AMENDMENT NO. 335) TO INCLUDE STORM DRAINAGE FACILITY FEES FOR THE NORTHWEST CHICO SPECIFIC PLAN AREA (NWCSPA) Adopted - The Citv Council had previously adopted storm drainage facility fees for the Shasta Union Drainage Assessment District (SUDAD). Currentlv, onlv portions of the NWCSPA are in that fee area. At the time the fees were established. areas were excluded because they were outside the Chico Urban Area. Those fees have become obsolete for the following reasons: actual construction costs differ substantially from the original estimated costs. the NWCSPA encompassed land was not included in the original fee, and the original fee did not include a detention pond. The proposed fees are intended to provide other developments with a method of contributing their fair share toward mitigating the increased runoff. (Report - Brendan Ottoboni, Public Works Director-Engineering) Mayor Morgan opened the hearing to the public. No one spoke and the hearing was closed. A motion was made by Stone and seconded by Fillmer to adopt the following resolution: RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING FEE SCHEDULE (AMENDMENT NO. 335) TO INCLUDE STORM DRAINAGE FACILITY FEES FOR THE NORTHWEST CHICO SPECIFIC PLAN AREA (NWCSPA) March 21, 2017 P age 2 of 8

4 32 CHICO 2030 GENERAL PLAN FIVE-YEAR REVIEW AND TITLE 19 AMENDMENTS City Council adopted the Chico 2030 General Plan in April As directed by the Plan, a comprehensive five-year evaluation of the Plan has been prepared. The review assesses growth trends and analyzes the effectiveness of the General Plan's policy framework through the first five years of Plan implementation. In addition, the review proposes General Plan text amendments, as well as amendments to land use designations and zoning of various properties, for Council action. To accompanv the review, a Sustainabilitv Indicators Report has been prepared to gauge prociress in advancing the General Plan's sustainability-related goals and policies. Further, a number of amendments to Title 19 of the Chico Municipal Code (Land Use and Development Regulations) are recommended to create consistency with policy direction in the General Plan, formalize interpretations made by the Community Development Director, clarify terms and definitions, and gain efficiencies in implementation of the Code as called for by the Plan's Economic Development Goals and Policies. Over the course of two meetings and a workshop, the Planning Commission considered the Review and Sustainabilitv Indicators Report, and has forwarded recommendations to the City Council regarding: 1) text amendments to the General Plan, 2) amendments to land use designations and zoning of various properties, and 3) amendments to Title 19 of the Code. The Council recessed at 6:40 p.m. for a ten-minute break. The meeting was reconvened and all members were present. Mayor Morgan opened the hearing to the public. Addressing the Council on this item were Katie Simmons, Scott Long, Paul Lieberum, Irv Schiffman, Jim Stevens, Matt Gallaway, Dan Gonzales, Pat Conroy, Will Brady, Patricia Usern, Kirk Monfort, and Chris Giampoli. The hearing was then closed to further comment. A motion was made by Sorensen and seconded by Stone to introduce the following ordinance approving GPA/Rezone 16-03, which would rezone various properties by reading of title only: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO REZONING CERTAIN PROPERT/ES; GPA/RZ (CITY OF CHICO) - Introductory Reading Coolidge, Sorensen, Stone, Fillmer, Morgan Ory, Schwab A motion was made by Sorensen and seconded by Fillmer to introduce the following ordinance amending Title 19 of the Chico Municipal Code, by reading of title only: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CERTAIN March 21,2017 Page 3 of 8

5 SECTIONS OF TITLE 19 OF THE CHICO MUNICIPAL CODE REGARDING LAND USE AND DEVELOPMENT REGULATIONS - Introductory Reading A motion was made by Sorensen and seconded by Coolidge to adopt the following resolution approving text amendments to the General Plan; including wording on the line that states "with each SPA consider opportunities for the provision of housing units of affordable to low, very low and/or moderate income households" using governmental subsidies or other incentives: RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN TEXT AMENDMENTS (CITY OF CHICO) A substitute motion was made by Schwab and seconded by Ory to adopt the resolution approving text amendments to the General Plan, with the exception of 1.33 and Due to this being the second motion on the floor, it was voted on first. Ory, Schwab, Stone Coolidge, Sorensen, Fillmer, Morgan Council then voted on the original motion resulting in the following vote: Coolidge, Sorensen, Stone, Fillmer, Morgan Ory, Schwab A motion was made by Sorensen and seconded by Fillmer to adopt the following resolution approving GPA/Rezone 16-03, which would amend land use designations for various properties: RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN AMENDMENT AFFECTING VARIOUS PROPERTIES; AP NOS. VARIOUS (CITY OF CHICO) A motion was made by Fillmer and seconded by Sorensen to direct staff to work with ARHPB during the next six months to review current processes and identify efficiencies by the streamlining of processes or identify items that could be adequately addressed at staff level in lieu of being forwarded to ARHPB. Staff is also to look for a tangible way to measure that the processes have been improved. March 21, 2017 Page 4 of 8

6 Coolidge, Ory, Sorensen, Stone, Fillmer, Morgan Schwab 4. REGULAR AGENDA 41. AMENDMENT OF CHICO PUBLIC SAFETY ASSOCIATION AND PUBLIC SAFETY MANAGEMENT CalPERS CONTRIBUTION Council adopted a resolution that approves the City's intent to amend the contract between the Citv of Chico and the California Public Employees' Retirement System (CalPERS) to implement negotiated changes to the paying and reporting of retirement contributions as recentlv adopted under the Memorandum of Understanding (MOU) for Chico Public Emplovees Association (CPSA) and Pay and Benefits Resolution for Public Safety Manaciement (PSM). Upon adoption of the resolution, Council approved the introduction of an ordinance authorizing the amendment. (Report - Jamie Cannon. Human Resources & Risk Manager) A motion was made by Stone and seconded by Schwab to adopt the following resolution and introduce the following ordinance: RESOLUTION NO RESOLUTION OF INTENT OF THE CITY COUNCIL TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHICO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHICO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Council recessed at 8:20 p.m. for a ten-minute break. The meeting was reconvened and all members were present * 4.2. CONSIDERATION OF THE KEY POINTS OF THE PROPOSED SOLID WASTE, RECYCLING AND OTHER COLLECTION SERVICES FRANCHISE SYSTEM AND DRAFT COLLECTION SERVICE AGREEMENTS Richard Tagore-Erwin. R3 Consulting Group. Inc., reported out to the Citv Council on the progress made in negotiations with USA Waste of California, Inc. dba Waste Management and Recology Butte Colusa Counties toward development of a Citywide Solid Waste, Recycling and Other Collection Services Franchise System and draft Collection Service Agreements. The City Council was being asked to consider the information presented and provide direction to staff and R3 regarding the following octions. (Report - Mark Orme, City Manager and Richard Tagore-Erwin, R3 Consulting Group, inc.) Option 1: Authorize the proposed franchise system kev points and direct the City March 21, 2017 Page 5 of 8

7 Attorney to prepare an ordinance modifving applicable chat*ers of the Chico Municipal Code al[owing for a citvwide collection service franchise system. Option 2: Propose changes to the kev points of the franchise system and direct staff and R3 to reneciotiate the proposed changes with the haulers. Option 3: KeeD the existing permit system. Addressing the Council on this item were Katie Simmons, Jason Anderson, Stephanie Taber, Salvatore Coniglio, and Michael Reilley. A motion was made by Stone and seconded by Schwab to approve Option 1 which authorizes the proposed franchise system key points and directs the City Attorney to prepare an ordinance modifying applicable chapters of the Chico Municipal Code allowing for a citywide collection service franchise system. Coolidge, Schwab, Stone, Fillmer, Morgan Ory, Sorensen 4.3. ACCEPTANCE OF REPORT AND RECOMMENDATIONS FROM THE INTERNAL AFFAIRS COMMITTEE ON ITS MEETING HELD ON MARCH 8,2017 The Council was asked to accept the recommendations made bv the Internal Affairs Committee at its meeting of March in regards to Item A - related to digital signs. A motion was made by Schwab and seconded by Sorensen to direct the City Manager and City Attorney to work together to prepare the required amendment after a review of the sign ordinance in its totality Coolidge, Schwab, Sorensen, Stone, Fillmer, Morgan Ory 4.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - 5. BUSINESS FROM THE FLOOR Addressing the Council under Business from the Floor were Daniel Cavanaugh, Morgan Kennedy, Paul O'Rourke-Babb, Ryan Schwab, Benson, Aramenta Hawkins, Loretta Torres, Diane Suzuki, Chris Nelson, and Michael Reilley. - 6 REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Council's information. No action could be taken on items under this section unless the Council agreed to include it on a subsequent agenda CITY MANAGER'S REPORT - Verbal Report. Citv Manager Orme AIRPORT COMMISSION REQUEST - Pursuant to AP&P a majoritv vote of -March 21,2017 Page 6 of 8

8 Council was needed in order to aciendize this item for discussion at a future meeting. BT Chapman. Airport Commission Chair, submitted a request for Council to agendize a report from Jet Chico and thereafter, formally adont a motion of support for their work to date and approval of their Dian aoina forward. A motion was made by Ory and seconded by Stone to agendize a report from Jet Chico as requested by the Airport Commission at a future meeting. 6.3 COUNCILMEMBER REQUESTS - Pursuant to AP&P a maiority vote of Council was needed in order to agendize this item for discussion at a future meeting. The Council recessed to Closed Session at 10:08 p.m. A. Councilmembers Ory and Coolidge submitted requests for Council to agendize a discussion regarding the closure of the Chico Oxidation Ponds Wildlife Sanctuary to the public. This item was taken out of order and heard at the beginning of the meeting. A motion was made by Sorensen and seconded by Fillmer to agendize this matter. 8. Councilmember Coolidge submitted a request for Council to agendize a discussion regarding fee waivers of permit fees for the replacement of vandalized windows or awnings. A motion was made by Sorensen and seconded by Fillmer to agendize this matter. 7. CLOSED SESSION 71. PUBLIC COMMENT OR COUNCIL DISQUALIFICATIONS - CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: Significant exposure to litigation gursuant to Gov. Code Sec (d)(2): One case CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec Negotiator: Vincent C. Ewing. Citv Attorney March 21,2017 Page 7 of 8

9 Employee Orcianization: Management Negotiators: Mark Orme. City Manager, Vincent C. Ewing, Citv Attorney. Jamie Cannon, Human Resources Manager. Jack Hughes Employee Organization: International Association of Fire Fighters 7.4. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec (d)(1): Two cases: This item was not heard at this meeting and continued to a future meetina. A. MOVE THE JUNKYARD VS. CITY OF CHICO (CHICO SCRAP METAL) - CASE NO. 16CV02872 B. CITY OF CHICO VS. KARL ORY, ET AL. (REFERENDUM) - CASE NO. 17CV CLOSED SESSION ITEMS ADDED AFTER POSTING OF THE AGENDA - 76 RECONVENE TO CITY COUNCIL MEETING - 9:45 D.m. 77 CLOSED SESSION ANNOUNCEMENT The City Attorney announced that Council met in Closed Session and discussed Items 7.2. and 7.3. Direction was provided. No action was taken. 8 ADJOURNMENT - Adjourned at 10:40 p.m. to the Regular City Council meeting on Tuesday, April 4, 2017, at 6:00 p.m. in the City Council Chamber. Date Approved: /drp 5/16/17 Deborah R. Presson, MMC, City Clerk March 21, 2017 Page 8 of8

10 Draft April 4, 2017

11 ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 4, REGULAR CITY COUNCIL MEETING - 6:00 p.m Call to Order - Mayor Morgan called the April 4, Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street Invocation - Carol Raner, First Church of Christ Scientist 1.4. Pledge of Allegiance to the Flag 1.5. Roll Call Present: Absent: 1.6. Closed Session Announcement from the Meeting of 3/21/17 - City Attorney Ewing announced that Council met in Closed Session on March to discuss Items 7.2. and 7.3. No action was taken. direction was given Proclamations * Child Abuse Prevention Month * Pleasant Valley High School Cheerleaders National Championship * National Public Safety Telecommunicators Week 2. CONSENT AGENDA - 3. PUBLIC HEARINGS - 4. REGULAR AGENDA 4.1. COUNCILMEMBER COOLIDGE'S REQUEST AGENDIZED - WAIVER OF PERMIT FEES At its meeting of 3/21/17, Council voted (7-0) to agendize a request from Councilmember Coolidge to have a discussion regarding fee waivers of permit fees for the replacement of vandalized windows or awnings. Addressing the Council on this matter was Ellen Stephens. Councilmember Stone left the dais and the Chamber. A motion was made by Coolidge to eliminate the fee associated with the replacement of windows due to vandalism. That motion died for a lack of a second. A motion was made by Morgan and seconded by Fillmer to direct staff to return rather quickly with a proposal that would include a great reduction in the fee over a certain amount of time such as 60 days or six months on a clear act of vandalism which is going to be up to the Building Department; at the same time put a cap on the dollar amount; which would address the problem but remove the City from the possible gift of public funds. April 4,2017 Page 1 of 4

12 Councilmember Coolidge asked for a friendly amendment to include an option with no fee in it instead of a percentage. The amendment was accepted by both Mayor Morgan and Vice Mayor Fillmer. Councilmember Stone returned to the meeting prior to the vote being taken [TEMS ADDED AFTER THE POSTING OF THE AGENDA - 5 BUSINESS FROM THE FLOOR Addressing the Council were Danielle lus, Elaina MeReynolds, Lynne Bellante, Ryan Schwab, Dan Everhart, David Phillips, Latisha Williams, Oquiela Phillips, Rain Scher, and Lawrence Thompson. Councilmember Schwab acknowledged that investigations by the District Attorney and the Police Department are ongoing into the death of Desmond Phillips with the report of the killing to be released in a week or two. She asked that the Council be briefed, not only with the report(s) regarding the incident but the internal practices and recommendations moving forward. She also asked for an update on body cameras. 6. REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Council's information. No action could be taken on items under this section unless the Council agrees to include it on a subsequent agenda. The Council recessed at 7:25 p.m. for a ten-minute break. The meeting reconvened and all members were present CITY MANAGER'S REPORT - Verbal Report, City Manager Orme 6.2. COUNCIL REQUEST FOR RECONSIDERATION - Pursuant to AP&P 10-10, a member of the prevailing side of a vote may request reconsideration within one year. By dated 3/27/17, Mayor Morgan requested reconsideration of the Counci[ action taken at its meetina of 9/6/16 where Council voted ( Ritter and Stone dissenting. Schwab disqualified) to uphold an appeal from Starbucks of a decision by Public Works Director - Engineering to deny a permit or license for Starbucks to operate an outdoor caf6 or parklet in the public right-of-way. Councilmember Schwab announced that she was disqualified from participating in April 4, 2017 Page 2 of 4

13 this discussion as she owned a leasehold property within 500 ft. of the area being discussed. She left the dais and the Chamber. - A motion was made by Fillmer and seconded by Stone to agendize a reconsideration of the 9/6/16 action related to the upholding of an appeal from Starbucks of a decision by Public Works Director - Engineering which was to deny a permit or license for Starbucks to operate an outdoor cafe or parklet in the public right-of-way. DISQ: Coolidge, Ory, Sorensen, Stone, Fillmer, Morgan Schwab Councilmember Coolidge asked that Starbucks be contacted regarding this reconsideration. Councilmember Schwab returned to meeting CITIZEN REQUESTS - Pursuant to AP&P a maiority vote of Council was needed in order to agendize these items for discussion at a future meeting. If agendized, public input will be taken at that time. A Cliff Meneken has submitted a request for Council to agendize a discussion regarding a ban on gas powered leaf blowers. A motion was made by Schwab and seconded by Ory to agendize a discussion regarding a ban on gas powered leaf blowers. The motion failed by the following vote: Ory, Schwab, Stone Coolidge, Sorensen, Fillmer, Morgan B. Eric Nilsson has submitted a request for Council to agendize a discussion regarding clean energy and to commit to 100% clean energy by the year A motion was made by Schwab and seconded by Stone to agendize discussion regarding clean energy and to commit to 100% clean energy by the year The motion failed by the following vote: Ory, Schwab, Stone Coolidge, Sorensen, Fillmer, Morgan 6.4. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS The Denutv Director - Finance forwarded the Monthly Financial Report and Budciet Monitoring Reports through Februarv that were reviewed bv the Finance Committee at the meeting held March (Barbara Martin. Deputy Director - April 4,2017 Alinutes Page 3 of 4

14 Finance) 7 CLOSED SESSION - Was not he/d. 71. PUBLIC COMMENT OR COUNCIL DISQUALIFICATIONS CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec Negotiators: Mark Orme, City Manager, Vincent C. Ewing, City Attorney, Jamie Cannon, Human Resources Manager, Jack Hughes Emplovee Oraanization: International Association of Fire Fighters 7.3. CLOSED SESSION ITEMS ADDED AFTER POSTING OF THE AGENDA RECONVENE TO CITY COUNCIL MEETING - Closed Session was not held CLOSED SESSION ANNOUNCEMENT - 8 ADJOURNMENT - Adiourned at 7:45 p.m. to the Adiourned Regular City Council meeting on Tuesday, April 18, 2017, at 6:00 n.m. in the City Council Chamber. Date Approved: Idrp 5/16/17 Deborah R. Presson, MMC, City Clerk April 4,2017 Page 4 of 4

15 Draft April 18,2017

16 ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 18, ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 9.m Call to Order - Mayor Morgan called the April 18, Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street Invocation - Ray Shelton, Police Chaplain 1.4. Pledge of Allegiance to the Flag 15. Roll Call Present: Absent 1.6. Proclamation - Sexual Assault Awareness Month 2. CONSENT AGENDA A motion was made by Schwab and seconded by Sorensen to approve the Consent Agenda, as read. The motion carried by the following vote Coolidge, Schwab, Sorensen, Stone, Fillmer, Morgan Ory 2.1. ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CERTAIN SECTIONS OF TITLE 19 OF THE CHICO MUNICIPAL CODE REGARDING LAND USE AND DEVELOPMENT REGULATIONS - Final reading and adoption ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO REZONING CERTAIN PROPERTIES; GPA/RZ (CITY OF CHICO) - Final reading and adoption Adopted - two ordinances. which would: 1) amend Title 19 of the Chico Municipal Code: and 2 anprove GPA/Rezone which would rezone various properties. The proposed amendments represent a refinement of the General Plan adoption process. and in accordance with California Environmental Qualitv Act Guidelines Section are within the scope of the Final Environmental Impact Report prepared and certified for the Chico 2030 General Plan update (State Clearinghouse # ). (Mark Wolfe, Community Development Director 2.2. ADOPTION OF SEWER IN LIEU RESOLUTIONS - VARIOUS Adopted - resolutions authorizing sewer assessments to be collected on the tax roll. ir lieu of full and immediate payment of the sewer system connection fees. (Brendar Ottoboni. Public Works Director - Engineerina) RESOLUTION NO RESOLUTION OF THE COUNCIL OF THE CITY OF CHICC April 18,2017 Page J of JO

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18 The new developments to be added will use and derive the same benefits and will Day their fair share of special benefit costs associated with the ongoing annual maintenance of the improvements that are to be levied and collected through the District. The modified Maintenance District will be referred to as CMD A16 - Northwest Chico Specific Plan Area (NWCSPA) Revised. (Brendan Ottoboni, Public Works Director - Engineering) 2.5. ITEMS REMOVED FROM CONSENT - 3. PUBLIC HEARINGS 31 APPEAL HEARING ON SETBACK DETERMINATION AT 3 SUMMERSKY COMMONS Hearing - The City Council conducted a public hearinct recardinci an appeal of the Planning Commission's decision to deny an appeal of a setback determination made by the Community Development Director on property located at 3 Summersky Commons (APN ), within the Canyon Oaks Subdivision in eastern Chico. Specifically, at issue is the minimum structural setback that shall be required from the northerly property boundary which abuts Upper Bidwell Park. Based on the history of the Citv's approvals involving the site and matters of record for the property, staff believes that a 410-foot minimum setback from the park boundarv is required. as determined bv the Communitv Development Director. (Report - Mike Sawley, Senior Planner) Ex Parte Communications Councilmember Schwab Spoke with Greg Peitz with the conversation being procedural in nature such as how to address the council and time limits. Also received an from the property owner requesting to meet, which we were unable to do. Councilmember Ory Nothing to announce. Councilmember Stone Had lunch with the property owner and his architect. Had an exchange with them as well. Mayor Morgan Visited the property with the property owner and architect and discussed the information contained in the report. Also received an informational from Jim Stevens. Councilmember Sorensen Visited with the property owner and architect on the matters that are part of the public record included in the appeal packet. Also spoke with Jim Stevens regarding his understanding of the history as he was previously involved with the property. Vice Mayor Fillmer Spoke to the property owner about his desire for an appeal. April 18,2017 Page 3 of 10

19 Councilmember Coolidge Spoke with the property owner and architect, both on the phone and during a site visit to the property regarding the matters contained in the report. Also spoke with Planning Commissioner Cindy Arregui regarding the Planning Commission's review of this project. Mayor Morgan opened the hearing to the public. Addressing the Council were Dinesh Bajaj, Matthew Henderson, Greg Peitz, Georgie Bellin and Woody Elliott. The hearing was then closed. A motion was made by Sorensen and seconded by Fillmer to uphold the appeal, thereby overturning the Planning Commission's decision to deny the appeal. Staff is to bring back a resolution that confirms this action and indicates the findings for this ruling. Coolidge, Sorensen, Fillmer, Morgan Ory, Schwab, Stone 32 HEARING ORDERING THE ABANDONMENT AND VACATION OF TWO(2) THREE-FOOT WIDE PUBLIC UTILITY EASEMENTS Hearing - At its meeting of 3/21/17, the City Council approved a resolution of intention to abandon and vacate two(2) three-foot wide public utility easements located on the north side of Pendant Place, east of Levi Land and west of Eaton Road, within the Wildwood Estates Phase 5 Subdivision. (Report - Brendan Ottoboni, Public Works Director - Engineering) Mayor Morgan opened the hearing to the public. No one spoke and the hearing was closed. A motion was made by Fillmer and seconded by Schwab to adopt the following resolution: RESOLUTION NO RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING ABANDONMENT AND VACATION OF TWO(2) PUBLIC UTILITY EASEMENTS PURSUANT TO THE PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW (WILDWOOD ESTATES SUBDIVISION, PHASE 5 / ASSESSOR'S PARCEL NOS (PTN) AND (PTN) The Council recessed at 7:00 p.m. for a ten-minute break. The meeting was reconvened and all members were present. April 18,2017 Page 4 of 10

20 4 REGULAR AGENDA 4 1 SUCCESSOR AGENCY TO THE CHICO REDEVELOPMENT AGENCY: REFINANCING OF BONDS PRESENTATION NHA Advisors provided a brief presentation regarding the process of refinancing the bonds of the Successor Agency to the Chico Redevelopment Agency. This presentation is informational only. No action was required. (Introduction - Scott Dowell, Administrative Services Director) 42 ORDINANCE AMENDING CHICO PUBLIC SAFETY ASSOCIATION AND PUBLIC SAFETY MANAGEMENT Ca[PERS CONTRIBUTION The City Council adonted a resolution on 3/21/17. that annroved the City's intent to amend the contract between the City of Chico and the California Public Employees' Retirement System (CalPERS) to implement negotiated changes to the paying and reporting of retirement contributions as recently adopted under the Memorandum of Understanding (MOU) for Chico Public Safety Association (CPSA) and the Pay and Benefits Resolution (PBR) for the Public Safety Management (PSM) employees. Further, the City Council introduced an ordinance on 3/21/17. authorizing the above stated amendment. (Report - Jamie Cannon, Human Resources & Risk Manager A motion was made by Stone and seconded by Sorensen to adopt the following ordinance by reading of title only: ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHICO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - Elnal Reading and adoption 4.3. LOT CLEARING AND WEED ABATEMENT PROGRAM FOR 2017 Adopted a resolution which will: (1) reauire the abatement of weeds. rubbish, refuse and/or debris: (2) set a public hearing for 5/02/17: and (3) direct the City Clerk to mail notices of the gublic hearing to all owners of affected narcels. The lot clearing and weed abatement program is conducted each year under the provisions of the California Government Code. (Report - John Rollo. Code Enforcement Officer) A motion was made by Sorensen and seconded by Schwab to adopt the following resolution: RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DECLARING PUBLIC NUISANCE AND SETTING TIME FOR HEARING ON OBJECTIONS TO ABATEMENT AND ASSESSMENT OF COSTS RELATING TO THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND/OR DEBRIS April 18,20!7 Page 5 of 10

21 44 CONSIDERATION OF ALLOWING RESTRICTED PUBLIC ACCESS TO THE CITY WATER POLLUTION CONTROL PLANT PONDS FOR WATERFOWL VIEWING Bird watching enthusiasts have had long standing unrestricted public access to the City's Water Pollution Control Plant to view waterfowl and other birds at the holding ponds located on plant property. During the most recent National Pollutant Discharge Elimination System (NPDES permit renewal process for the plant. State regulators imposed that the WPCP would have to either increase treatment levels, or implement site conditions, such as fencing. to continue to allow unrestricted public access to the holding ponds. Site conditions are not economically feasible, so staff opted to eliminate unrestricted public access. At its 3/21/17 meeting, the City Council requested that the decision to not allow public access be aqendized for discussion by the Council at a future meeting. Staff met with State regulators and concluded that heavily restricted public access could be considered if certain requirements are met. (Eric Gustafson, Public Works Director - Operations and Maintenance) Addressing the Council were Mary Muchowski, Kenneth Sobon, Scott Huber, Jennifer Patten, Diego Bustamonte, and Steve Overlock A motion was made by Sorensen and seconded by Stone to authorize staff to work with Audubon to draft an agreement and seek State approval allowing occasional restricted public access for bird viewing activity under the existing NPDES permit. 45. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO ASD-006 The Deputy Director - Finance requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY Budget. (Report - Barbara Martin, Deputy Director - Finance) A motion was made by Sorensen and seconded by Stone to approve the following Supplemental Appropriation: Supplemental Appropriation/Budget Modification No ASD PRESENTATION PART 1 OF 2 OF FY DRAFT PROPOSED BUDGET The first of two presentations of the FY Draft Proposed Budaet was presented bv the Citv Manager. Departments to be discussed include: Administrative Services, April 18,2017 page 6 of 1 0

22 City Manager, City Clerk, City AtEornev, Police and Fire departments. (Report - Mark Orme. City Manager) The Council recessed at 8.35 pm for a ten-minute break. The meeting was reconvened and all members were present. City Manager Orme provided an overview of the Proposed Budget , with this being the first of several presentations to be heard prior to the adoption of the final budget in June. Council was provided with overall General Fund highlights and heard presentations by the Administrative Services Department, Fire Department, Police Department and City Council Appointed Officers. Administrative Services Director Dowell provided the Council with an overview regarding the General Fund, which is balanced and includes a $1,100,000 transfer to the Emergency Reserve. The projected balance of the Emergency Reserve fund at 6/30/18 is $2,492,357 with the Emergency Reserve target at $9,884,900. Council was also provided with a review of revenue trends (and changes) and an update on staffing levels which includes three new Police Officers, one Associate Civil Engineer, one Parks Senior Maintenance Worker, one Public Works Senior Maintenance Worker, and one Public Works Maintenance Worker which was reclassified from Contract labor/projects. Budget concerns were presented regarding unfunded full-time position requests and unfunded capital projects. In addition, it was noted that a percentage of Community Organization funding was being proposed to be used to help fund a Police position. It was further noted that new revenue sources consisting of RDA Bond Refinancing, Waste Hauler Franchises and Gas Tax funds are not included in the proposed budget. Administrative Services Department - Information Systems In regards to work completed by the IS Department, it was noted that the new Accounting Software should be online in April 2018; the indirect Cost allocation Plan Update coming in the Fall of 2017; CAD/RMS Software for the Police Department is now online; and a review of IS staffing assessment review to be conducted. Currently there continues to be an unfunded full-time IS Public Safety Technician position. Fire Department Fire Chief Hack presented an overview of the Fire Department's proposed budget for which included a request for funding to bring the department up to a 17 Personnel Per Day minimum daily staffing level as recommended by the Standards of Coverage analysis that was recently presented to the Council at a cost of approximately $988,000. Chief Hack emphasized that the staffing level of 17 is the minimum staffing recommendation and a model that is more commiserate with the community and hazard profile that is found in this community. The values of risk would actually be more like 21 firefighters per day. Both of which are far below the optimal staffing level industry and best practices and National Standards that would recommend eight Fire Stations and 32 firefighters per day. Realizing the fiscal challenges that the City has been faced with, 32 firefighters per day is not realistic at this time nor in the foreseeable future. The City Manager recommended keeping the staffing level at 14 per day, operating out of four stations. However, with no change to the staffing levels, the community risk profile, and the current demand on service, the Fire Department will be severely challenged to meet the needs of this community. The Chief stated that the City Manager had asked staff to April 18,2017 Page 7 of 10

23 provide another option, an option that incrementally increases Fire Department staffing over time. Increasing the minimum staffing levels by one will have substantial profound effect. Moving from 14 to 15 firefighters a day would cost an additional $360,000. There is additionally a concern over Butte County potentially closing at least one of its stations which will have an impact on the limited resources of the City of Chico Fire Department. Fire Chief Hack expressed a need to change how emergency calls are dispatched which, if implemented, would reduce the number of medical calls by 50%. Councilmember Schwab asked how much such an endeavor would take and Chief Hack indicated that the training costs for the dispatchers would be around $30,000. Police Chief O'Brien stated that he had concerns over making this change as he believed that at least five more dispatchers would be needed to implement this change. Councilmember Schwab stated that she believed the department would be better served with adding the $988,000 into the budget to increase the minimum staffing levels. However, she didn't believe that she had Council support for that funding. She suggested that staff continue to look for ways to fund incremental staffing, triage training for dispatch, and immediately increase the staffing level to 15. Councilmember Ory asked that there be a public conversation with the County in regards to how important County fire protection is to the City of Chico. Police Department Police Chief O'Brien provided an overview of the Police Department and the proposed Budget and its impacts. Part of the overview included a synopsis of the proposal to transition three park ranger positions to sworn status which will enhance safety in the public parks, including the City Plaza and Children's Playground. In addition, the CAD/RMS for Police and Fire is now up and running. Chief O'Brien also noted for the record that the use of body cameras has been implemented. Concern was expressed for the overall safety challenges facing the community and the high cost of technology. Impacts of Prop 57 and other decisions made outside of local control will continue to have an adverse effect on the community. Council Appointees The City Manager, City Attorney and City Clerk, as direct reports to the Council, provided a quick overview of their respective departments. Final Questions or Comments Councilmember Ory expressed concern over the proposed changes to the Park Ranger's positions and stated that he felt that the conversation should have happened as a separate policy matter instead of being presented as part of the budget. Councilmember Stone also expressed concern over this proposed change for the Park Rangers and Councilmember Schwab felt that it would be helpful to have a job description to review as the rangers already have a full workload. How would they be able to do more? City Manager Orme stated that staff can bring back draft job descriptions for Council's review as well as conduct additional studies if requested by Council. Councilmember Ory asked for further information regarding the Chico Nature Center loan as well as a discussion regarding the 50% reduction in Community Organization funding. April 18,2017 Page 8 Of 10

24 Addressing the Council were Benson, Rory Rottschalk, Lise Smith-Peters, Emily Alma, Debbie Villasenor, Elaina McReynolds, Nancy Park, Woody Elliott, and Chris Johnson. 47. HEMS ADDED AFTER THE POSTING OF THE AGENDA - A motion was made by Stone and seconded by Coolidge to approve a 30-minute extension to the meeting in order to hear Business from the Floor. 5 BUSINESS FROM THE FLOOR Addressing the Council were Janet Ellner, Rain Scher, Kry, and Emily Alma. 6. REPORTS AND COMMUNICATIONS - The following ret)orts and communication items were provided for the Council's information. No action could be taken on items under this section unless the Council agreed to include it on a subseauent agenda. 61. CITY MANAGER'S REPORT - Verbal Rei ort. Citv Manager Orme The City Manager informed Council about a request for a letter of support regarding the Oroville Dam. if approved, the request would come back to the next meeting for Council consideration. A motion was made by Councilmember Stone and seconded by Schwab to agendize this matter at the next meeting. 7. CLOSED SESSION - Canceled 71. PUBLIC COMMENT OR COUNCIL DISQUALIFICATIONS CONFERENCE WITH LEGAL COUNSEL - Anticipated Litication: Significant exgosure to litigation pursuant to Gov. Code Sec (d)(2): One case. - Not Heard 7.3. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec Not Heard Negotiator: Vincent C. Ewing, City Attorney Employee Organization: Manaaement April 18, 2017 Page 9 of 10

25 Negotiators: Mark Orme, City Manager. Vincent C. Ewina. City Attorney. Jamie Cannon, Human Resources Manager, Jack Hughes Employee Organization: International Association of Fire Fighters 7.4. CLOSED SESSION ITEMS ADDED AFTER POSTING OF THE AGENDA RECONVENE TO CITY COUNCIL MEETING 7.6. CLOSED SESSION ANNOUNCEMENT - 8. ADJOURNMENT - Adiourned at 10:30 D.m. to the Regular City Council meeting on Tuesday, Mav , at 6:00 9.m. in the City Council Chamber. Date Approved: /drp 5/16/17 Deborah R. Presson, MMC, City Clerk April 18,2017 Page 1 0 of JO

26 Draft May 2, 2017

27 ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - May 2, REGULAR CITY COUNCIL MEETING - May Regular City Council 1.2. Call to Order - Mayor Morgan called the May 2, 2017 Regular City Council meeting to order at 6:00 P.m. in the Council Chamber, 421 Main Street Invocation - John Warwick, Pacific Asian Missions 1.4. Pledge of Allegiance to the Flag 1.5. Roll Call Present: Absent 1.6. Proclamations * Sierra View Elementary School. H20 Water Challenge * Community Action Agency of Butte County - 50th Anniversarv 2 CONSENT AGENDA A motion was made by Schwab and seconded by Coolidge to approve the Consent Agenda, as read, with it noted for the record that Councilmember Ory voted "no" on Item 2.2. pertaining to the minutes of February 21, 2017 and March 7, RESOLUTION NO 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 FOR FISCAL YEAR 2017/2018 RESOLUTION NO 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 FOR FISCAL YEAR 2017/2018, 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 Neiahborhood Park Landscaping and Lighting District No. LLD for the 2017/2018 fiscal vear. and to set a public hearing on June reaardina this proposed assessment. (Erik Gustafson. Public Works Director -- Operations & Maintenance) 2.2. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 2/21/17 & 3/7/17 May 2,2017 page f ofg

28 It was noted for the record that Councilmember Ory voted "no" on this item ITEMS REMOVED FROM CONSENT - 3. PUBLIC HEARINGS 3.1. 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 obiections to a resolution adopted 4/18/17, which declared a public nuisance relating to the abatement of weeds, rubbish, refuse and/or debris. (Report - John Rollo, Code Enforcement Officer) Mayor Morgan opened the hearing to the public. No one spoke and the hearing was closed. A motion was made by Sorensen and seconded by Stone to adopt the following resolution: RESOLUTION NO 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, wh ich wi 11: (1) overrule any objections to the previously adopted resolution; (2) establish 6/01/17 as the last day for voluntary abatement; and further directed 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. 3 2 HEARING FOR RECONSIDERATION OF UPHOLDING THE APPEAL BY STARBUCKS FOR OUTDOOR CAFE At its 4/4/17 Council meeting. Council voted ( Schwab disqualified) to anprove Mayor Morgan's request for reconsideration of the Council action taken at its meeting of 9/6/16 where Council voted (4-2-1, Ritter and Stone dissenting, Schwab disqualified) to uphold an appeal from Starbucks of a decision by Public Works Director - Engineering to deny a permit or license for Starbucks to operate an outdoor cafd or garklet in the gublic right-of-wav. The staff report from the 9/16/16 meeting was provided for reference. (Sean Morgan. Mayor Ex Parte Communications: May 2,2017 Page 2 Of 9

29 Councilmember Schwab announced that she was disqualified from participating on this item due to owning a leasehold property within 500 ft. of the area being discussed. She left the dais and the Council Chamber. Mayor Morgan opened the hearing to the public. No one spoke and the hearing was closed. A motion was made by Stone and seconded by Morgan to reconsider and overturn Council's prior action taken at its meeting of 9/6/16 where the Council voted (4-2-1, Ritter and Stone dissenting, Schwab disqualified) to uphold an appeal from Starbucks. This action will reverse the prior approval of that appeal and thereby deny the permit or license for Starbucks to operate an outdoor cafa or parklet in the public right-of-way. DISQ: Coolidge, Ory, Sorensen, Stone, Fillmer, Morgan Schwab Councilmember Schwab returned to the meeting DRAFT ANNUAL PLAN HEARING FOR THE USE OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) The City receives an annual award of community development and housing funds from the Federal Department of Housing and Urban Development (HUD). Each year, the City must submit an Annual Plan to HUD describing the City's plans for using these funds in the upcoming vear. (Report - Marie Demers. Housing Manager) Mayor Morgan opened the hearing to the public. No one spoke and the hearing was closed. A motion was made by Fillmer and seconded by Stone to accept the Finance Committee (3-0) recommendation to: (1) direct staff to publish notice of the plan for a 30-day public comment period, and (2) schedule a second hearing for adoption of the Final Annual Plan at its meeting of June 6, REGULAR AGENDA 4.1. VANDALISM REPAIR PERMITS May page 3 of 9

30 At its meeting of 4/4/17. the Council discussed Councilmember Coolidge's request to consider changes to the fee schedule related to window replacement permits. Following the discussion, Council directed staff to hold a stakeholder's meeting to gather additional input from local businesses and to provide Council with possible recommendations. (Report - Leo DePaola, Chief Building Official) Addressing the Council on this matter were Teri DuBose, Katie Simmons, Melanie Bassett, Stephanie Taber, and Michael Reilley. A motion was made by Sorensen and seconded by On, to approve the following changes for window or door glass replacement throughout the city, if the "property owner" declares vandalism as the cause and provides a full release of liability to the City whereupon no permit will be required, with no inspection conducted as the City does not incur any inspection cost. A release document will need to be created with it being valid for an extended period of time, perhaps a year, or as the City Attorney might suggest. It was further noted for the record that this change is intended to cover only the replacement of glass but not intended to include replacement of a door or a window frame or mechanism which will continue to require a permit. 42 POLICE DEPARTMENT REORGANIZATION: AMENDMENT TO BUDGET APPENDICES 8-1 AND B-3 Recommended reorganization to the Police Department Administrative structure - to include the reclassification of three positions and approval of modifications to various Budget appendices. (Report - Michael O'Brien, Chief of Police) Addressing the Council on this matter were Dan Everhart and Cathryn Carkhuff. Based on the comments being unrelated to the matter agendized, the Mayor asked both citizens to address these concerns under Business from the Floor. A motion was made by Stone and seconded by Sorensen to approve the proposed reclassifications by amending Budget Appendix B-1, Employee Pay Schedules, and Appendix 8-3, Schedule of Job Title Allocations to Departments. The Council recessed at 7:20 p.m. for a ten minute break. The meeting was reconvened and all members were present * - I - - May 2, 2017 Page 4 of 9