The Council appreciates your cooperation in turning off all cell phones during the meeting! CITY OF CHICO CITY COUNCIL AGENDA J u l y 7, 2 0 1 5 CLOSED SESSION 5:00 P.M. CITY COUNCIL MEETING 6:30 P.M. CITY COUNCIL Andrew Coolidge Reanette Fillmer Tami Ritter Ann Schwab Randall Stone Sean Morgan, Vice Mayor Mark Sorensen, Mayor COPIES OF THIS AGENDA PACKET AVAILABLE FOR REVIEW IN THE: CITY CLERK S OFFICE 411 Main Street Chico, CA 95928 OR ON THE WEB AT: www.ci.chico.ca.us Posted on: 7/1/15 Posting Location: 421 Main St. Prior to: 6:00 p.m. Note: Pursuant to Government Code 54957.5 Effective 7/1/08: Documents produced and distributed less than 72 hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item on the agenda will be made available for public inspection at the meeting and at the City Clerk s office at the Municipal Center located at 411 Main St. from 8 a.m. to 5:00 p.m. CITY STAFF Mark Orme City Manager Vincent C. Ewing City Attorney Deborah R. Presson City Clerk Chris Constantin Assistant City Manager CITY STAFF Michael O Brien Chief of Police Shane Lauderdale Fire Chief Mark Wolfe Community Development Dir. Frank Fields Administrative Services Dir.
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REGULAR CHICO CITY COUNCIL MEETING July 7, 2015 Chico Municipal Center, Council Chamber, 421 Main Street 1.1. REGULAR CITY COUNCIL MEETING - 6:30 p.m. 1.2. Call to Order - 6:30 p.m. in the Council Chamber, 421 Main Street 1.3. Invocation Baha i Faith 1.4. Pledge of Allegiance to the Flag 1.5. Roll Call 1.6. Closed Session Announcement 1.7. Chamber Business Spotlight Valley Contractors Exchange & the Construction Industry 2 CONSENT AGENDA 2.1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 10 OF THE CHICO MUNICIPAL CODE REGARDING VEHICLES AND TRAFFIC Final Reading and Adoption Adopt On June 16, 2015, the City Council introduced an ordinance amending Title 10 of the Municipal Code which would incorporate the 85% parking occupancy rate guideline for managing the Central Business District parking area as well as other areas encountering parking problems or with mounting complaints. The Acting Public Works Director (Engineering) recommends adoption of the ordinance by reading of the title only. 2.2. ACCEPTANCE OF COST REPORT FOR THE 2015 WEED ABATEMENT AND LOT CLEARING PROGRAM Accept - At its 5/05/15 meeting, the City Council adopted a resolution which required the Community Development Department to abate those properties not in compliance with the requirement to abate weeds as of 6/01/15, and to keep an account of the work done by the City contractor to submit to the City Council for confirmation. This is the cost report for the 2015 Weed Abatement and Lot Clearing program and is submitted for the Council s approval. If approved, the owners of the parcels will be given 30 days to pay for the cost of the abatement. Property owners who do not pay will have a lien placed on their property. The Community Development Director recommends approval of the cost report. 2.3. ADOPTION OF SEWER IN LIEU RESOLUTIONS - VARIOUS Adopt-resolutions authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. The Acting Public Works Director- Engineering recommends adoption of the resolutions. A. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM 1054 EAST AVENUE - ASSESSOR'S PARCEL NO. 015-240-025 (Petition from property owner Isidro Arandia) B. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM 2277 EAST EIGHTH STREET - ASSESSOR'S PARCEL NO. 002-150-020 (Petition from property owners William D. John Jr. & Amy Fenstermaker, and Lain Irvin & Jean Marie Hensley) July 7, 2015 Agenda Page 3 of 8
C. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM 1064 MANZANITA AVENUE - ASSESSOR'S PARCEL NO. 015-350-014 (Petition from property owners Paul Semon and Abigail Rose Dan) D. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM 1623 SPRUCE AVENUE - ASSESSOR'S PARCEL NO. 003-403-005 (Petition from property owners Philip W. and Jill I. Aldred) E. RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM 1303 SUNSET AVENUE - ASSESSOR'S PARCEL NO. 003-432-014 (Petition from property owner Mark W. Hall) 2.4. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY- LOST DUTCHMAN BREW (25 LOST DUTCHMAN DR, CHICO 95973) - APN 006-690-024 Accept - The Police Department s recommendation for a determination of public convenience or necessity for Lost Dutchman Brew. The Department of Alcoholic Beverage Control has determined that Lost Dutchman Brew, a beer and wine tavern/public premise located at 25 Lost Dutchman Dr. is in an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Sections 23958.4, the requested Type 42 license requires a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police recommends a determination of public convenience or necessity. 2.5. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY- TRADER JOE S COMPANY (801 EAST AVENUE, SUITE 110 CHICO 95926 APN 007-280-060) Accept - The Police Department s recommendation for a determination of public convenience or necessity for Trader Joe s Company. The Department of Alcoholic Beverage Control has determined that Trader Joe s Company, a store located at 801 East Avenue, Suite 110 (APN 007-280-060) is in an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Sections 23958.4, the requested Type 21 license requires a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police recommends a determination of public convenience or necessity. 2.6. ITEMS REMOVED FROM THE CONSENT 3. PUBLIC HEARINGS Ex Parte Communications Item 3.1. is a quasi-judicial proceeding and therefore falls under the requirements of Council adopted AP&P 10-10, Section II.3.m., which requires Councilmembers to announce any ex parte communication made outside the Council Chambers between a Councilmember and any person in the public concerning this appeal. Councilmember(s) shall state for the public record: (a) the nature of that communication, (b) with whom the ex parte communication was made, and (c) a brief statement as to the substance of the communication. Ex parte communications are not part of the record of the proceedings before the Council and will not be considered by the Council when it hears and renders a decision on this appeal. July 7, 2015 Agenda Page 4 of 8
3.1. HEARING ON AN APPEAL OF A PLANNING COMMISSION ACTION DENYING USE PERMIT 14-20 (ISLAND IN A CUP/HART) Hearing - The use permit request is to allow a drive-through service window in a business suite of an existing shopping center for sales of fruit beverages ( smoothies ), coffee, and snacks. At its meeting of June 4, 2015, the Planning Commission voted 3-3-1 (Evans, Bennett and Scott in favor-arregui, Howlett, and Worley opposed-juhl-darlington absent), effectively denying the project. The applicant filed a timely appeal of the Commission action. (Report Mark Wolfe, AICP, Community Development Director) Recommendation: The Community Development Director recommends that the City Council conduct a public hearing and uphold the Planning Commission action, effectively denying the Use Permit, by adoption of the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION ACTION DENYING USE PERMIT 14-20 (ISLAND IN A CUP/HART) 3.2. HEARING TO CONSIDER THE FINAL ANNUAL ENGINEER S REPORT AND THE LEVY AND COLLECTION OF THE 2015-16 ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 Hearing - On 6/16/15, the City Council adopted resolutions approving the preliminary Annual Engineer s Report and declaring its intention to levy and collect the annual assessments for Husa Ranch/Nob Hill Neighborhood Park Landscaping and Lighting District No. LLD 001-08 (District) for the 2015-16 fiscal year. The Council also scheduled tonight s public hearing to consider approval of the final Report and the proposed levy of $68.96 per household. (Report- Linda Herman, Public Works Administration Manager) Recommendation - After holding the public hearing, the Acting Public Works Director recommends approval of the following resolution which will: (1) approve the final Engineer s Report and (2) authorize the levy and collection of the annual assessment for the District for 2015-16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE FINAL ANNUAL ENGINEER S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2015-16 3.3. HEARING ON RESOLUTION AMENDING THE CITY S FEE SCHEDULE Hearing - In accordance with Budget Policy D.3, changes in the City s Fee Schedule will be brought to Council annually. At this meeting, the City Council is being asked to consider changes to existing fees to be incorporated in the City s Fee Schedule. These fee schedule changes were reviewed and recommended by the Finance Committee. Development Impact Fee schedule increases have been included in the fee schedule revision and require a public hearing. (Report Frank Fields, Administrative Services Director) Recommendation The Finance Committee recommends (3-0) adoption of the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY S FEE SCHEDULE (AMENDMENT NO. 332-FEE SCHEDULES: 11.025, 11.080, 15.090, 15.094, 40.030, 60.005, 60.020, 60.120, 60.140, 60.170, 60.190, 60.200, 80.020, 50.010, 50.020, 50.030, 50.040, 50.050, 50.060) July 7, 2015 Agenda Page 5 of 8
4. REGULAR AGENDA 4.1. CONSIDERATION OF AN URGENCY ORDINANCE AMENDING CHAPTERS 14.08 AND 19.68 REGARDING ENCROACHMENT PERMITS AND LANDSCAPE CONVERSIONS With the prolonged drought and mandatory water budgets, many residents are wanting to convert parkway strips, which are in the City s right-of-way but are the homeowner s responsibility, to more water efficient landscapes. Staff is proposing establishing guidelines and some revisions to the Chico Municipal Code (CMC) related to these conversions and water conservation. The Bidwell Park and Playground Commission (BPPC) will also be reviewing these guidelines at its 6/29/15 meeting, and staff will provide a verbal report of the BPPC s decision at tonight s meeting. (Report Linda Herman, Public Works Administration Manager) Recommendation: The Acting Public Works Director-Engineering recommends 1) Council approval of the proposed parkway conversion guidelines; and 2) adoption of the following urgency ordinance by reading of the title only. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTERS 14.08 AND 19.68 OF THE CHICO MUNICIPAL CODE REGARDING ENCROACHMENT PERMTIS AND LANDSCAPE CONVERSIONS 4.2. CONSIDERATION OF AN ORDINANCE REGULATING ELECTRONIC CIGARETTES The City currently prohibits smoking in certain public places as codified in the Chico Municipal Code. The CMC does not specifically have a provision regulating electronic smoking devices. At its 6/10/15 Internal Affairs Committee meeting, the Committee voted 2-1 (Coolidge dissenting) to recommend to Council that the CMC be revised to protect residents from involuntary exposure to secondhand byproducts of electronic smoking devices. (Report Vincent Ewing, City Attorney) Recommendation: The Internal Affairs Committee recommends that the City Council introduce the following ordinance by reading of its title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING SECTIONS 8.28.008, 8.28.010, AND 8.28.060 OF TITLE 8, CHAPTER 8.28, RELATING TO THE REGULATION OF SMOKING 4.3. CONSIDERATION OF REGULATION OF DENSITY OF ALCOHOLIC BEVERAGE ESTABLISHMENTS Consideration of possible Municipal Code Amendment or Council Policy to regulate and establish standards regarding density of Alcoholic Beverage Establishments. (Report - Mark Wolfe, AICP, Community Development Director) Recommendation: The Internal Affairs Committee recommends (2-1, Coolidge dissenting) that the City Council direct staff to prepare a Council Policy for review of requests for Determinations of Public Convenience and Necessity. 4.4. CONSIDERATION OF OPTIONS FOR LONG-TERM MANAGEMENT OF BIDWELL RANCH In 2005 Council approved the rezone of Bidwell Ranch to open space. Staff is providing information on management options for Council consideration and direction. (Report Dan Efseaff, Parks and Natural Resource Manager) Recommendation: The Parks and Natural Resource Manager requests that Council review the longterm management options as outlined in the report and provide direction to staff. July 7, 2015 Agenda Page 6 of 8
4.5. CONSIDERATION OF MICHAEL JONES REQUEST TO INSTALL A PUBLIC ACCESS ENTRANCE TO THE BIDWELL RANCH PROPERTY At its meeting of 6/2/15, Council voted 6-1 (Schwab dissenting) to agendize this request following the Bidwell Ranch Long Term Management Plan at this meeting. 4.6. CONSIDERATION OF DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Council is being asked to designate a voting delegate for the League of California Cities Annual Conference being held in San Jose September 30 - October 2, 2015. In order to participate in the League Annual Business meeting where League policy is established, the Council must first designate an attendee as a voting delegate. Each city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. (Report Deborah R. Presson, MMC, City Clerk) Recommendation: The City Clerk recommends that Council appoint a voting delegate and an alternate for the 2015 League of California Cities Annual Conference. 4.7. ITEMS ADDED AFTER THE POSTING OF THE AGENDA 5. 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. The Council cannot take any action at this meeting on requests made under this section of the agenda. 6. REPORTS AND COMMUNICATIONS - The following reports and communication items are provided for the Council s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda. 6.1. CITY MANAGER S REPORT - Verbal Report, City Manager Orme 6.2. REVIEW OF THE MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS The Administrative Services Director will present the Monthly Financial Report and Budget Monitoring Reports through May 31, 2015 that were reviewed by the Finance Committee at its meeting June 24, 2015. 7. ADJOURNMENT - Adjourn to an adjourned regularly scheduled City Council meeting on Tuesday, August 4, 2015, for Closed Session at a time to be determined if needed, followed by a regular City Council meeting at 6:30 p.m. in the City Council Chamber. July 7, 2015 Agenda Page 7 of 8
CLOSED SESSION AGENDA Chico Municipal Center, Conference Room #2, 421 Main Street July 7, 2015 - Adjourned Regular City Council Meeting 1. CALL TO ORDER 5:00 p.m. 1.1. Roll Call 1.2. Staff Present 2. CLOSED SESSION MATTERS 2.1. PUBLIC EMPLOYEE EVALUATION: The City Council will review the City Manager s performance. (Gov. Code Sec. 54957). 2.2. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Section 54956.9(d)(2): One potential case.. 2.3. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Initiation of litigation pursuant to Gov. Code Section 54956.9(d)(4): Two potential cases. 2.4. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION: A. Name of Case: Mindy Losee v. City of Chico, et al. (U.S. District Court, Eastern District of California, Case No. 2:14-CV-02199 GEB-CMK) B. Name of Case: Janet Vige v. City of Chico, et al. (Butte County Superior Court Case No. 163123 2.5. CONFERENCE WITH LEGAL COUNSEL AND RISK MANAGER--EXISTING LITIGATION: The City Attorney and Risk Manager will review settlement of the workers compensation claims of Jason Gibbs and Todd Boothe pursuant to Gov. Code Sec. 54956.9(a). 3. ADJOURNMENT - Adjourn to the July 7, 2015 Regular City Council meeting in the Council Chamber. July 7, 2015 Agenda Page 8 of 8