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Page 1: June 1, 2021 - chico-ca.granicus.com

June 1, 2021

Draft Minutes

Page 2: June 1, 2021 - chico-ca.granicus.com

ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - June 1, 2021Minutes

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

1.2. Call to Order - Mayor Coolidge called the June 1, 2021 - Regular City Council meeting at 6:35 p.m.in the Council Chamber, 421 Main Street, Chico, CA.

1.3. Invocation - Police Chaplain Steve Cox

1.4. Pledge of Allegiance to the Flag

1.5. Roll Call

Present: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeAbsent None

1.6. Proclamation - NorCal Cyber Mayor's Cup - Wendy Porter, Regional Director, ICT-DM Far NorthRegion

1.7. Presentations

* CalTrans Presentation - Chris Ladeas, Project Manager, CalTrans District 3* Advanced Life Support Feasibility Study - Fire Chief Standridge

1.8. Closed Session Announcement - The City Attorney announced that Council met in a SpecialClosed Session on May 25, 2021 for one item with no reportable action; direction was provided. Inaddition, the Council met in Closed Session at 5:30 p.m. prior to this meeting to discuss one item withno reportable action taken; direction was provided.

A motion was made by Councilmember Brown and seconded by Councilmember Huber to approveconsolidating Items 5.5. and 5.9 regarding cannabis, so that they could be considered together.

The motion failed by the following vote:

AYES: Brown, Huber, TandonNOES: Denlay, Morgan, Reynolds, Coolidge

2. CONSENTAGENDA

Addressing the Council on the Consent Agenda was Shannon McGovern.

A motion was made by Councilmember Brown and seconded by Vice Mayor Reynolds to approvethe Consent Agenda, as read, with Item 2.4. removed for additional discussion.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: None

June 1, 2021 City Council Minutes Pagell

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2.1. ORDINANCE NO. 2565 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO,CALIFORNIA, AMENDING CHAPTER 5.41 ("REGULATION OF FIRE ALARM SYSTEMS") OFTHE CHICO MUNICIPAL CODE - Final reading and adoption by reading of title only

At its meeting of 5/18/21, the Council introduced an ordinance amending Chapter 5.41 Title 5 relatingto the regulation of fire alarm systems in response to an increasing number of false alarms receivedby the City of Chico Fire Department. (Steve Standridge, Fire Chief)

2.2. RESOLUTION NO. 28-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICOAPPROVING THE FISCAL YEAR 2021-22 LIST OF PROJECTS FUNDED BY SB1: THE ROADREPAIR AND ACCOUNTABILITY ACT

Adopted a resolution approving the fiscal year 2021-22 list of projects funded by SB1 to be submittedto the California Transportation Commission (CTC) by July 1, 2021. (Brendan Ottoboni, Public

Works Director-Engineering)

2.3. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET

MODIFICATION NO. 2021-PWO-03

The City Council considered a Supplemental Appropriation to establish a new Capital Project No.50505 -AIP 42 for the Phase 3 Taxiway A Reconstruction project at the Chico Municipal Airport. TheFederal Aviation Administration (FAA) offered the AIP-42 Phase 3 grant award to the City on May 3,2021. (Erik Gustafson, Public Works Director-Operations and Maintenance)

2.4. PROPOSED 2ND SUBSTANTIAL AMENDMENT TO FY 2019-2020 HUD ANNUAL ACTION PLANFOR CDBG-CV FUNDING - This item was removed from Consent for further discussion.

The City of Chico was awarded Community Development Block Grant - Coronavirus (CDBG-CV)funding through the Department of Housing and Urban Development (HUD) pursuant to theCoronavirus Aid, Relief, and Economic Security Act (CARES Act) funding under Public Law 1 16-136and signed by the President on March 27,2020. The CDBG-CV funding is intended for the purposeof preventing, preparing for, and responding to coronavirus.

The City was allocated $1,160,430 and completed a previous substantial amendment allocating$127,000 to five public service agencies to assist with their response to the pandemic. The proposed2nd Substantial Amendment allocates $282,933 for public services funding to Chico Housing ActionTeam to provide transitional shelter to homeless individuals and families who are susceptible tocontracting COVID-19 through their master lease program. The proposed amendment also allocatesthe allowable set-aside (up to 20% of the total allocation) for Program Administration,$167,285. (Report - Marie Demers, Housing Manager)

Councilmember Denlay asked that this item be removed from the Consent Agenda for furtherdiscussion.

A motion was made by Councilmember Denlay and seconded by Mayor Coolidge to adopt the 2ndSubstantial Amendment to the FY 2019-2020 Annual Action plan and authorize its submission toHUD as amended to reflect that the CHAT project removes individuals from the list and instead listsfamilies. The low barrier homeless day care was also removed until there was further clarificationfrom staff.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: None

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2.5. AMENDMENT TO AP&P 10-45 FRAUD, WASTE, AND ABUSE PROGRAM

A City Auditor is required to administer the Fraud, Waste, and Abuse program. Given the loss of theprevious designee, Chris Constantin, the City Manager recommended designating the currentDirector of Administrative Services, Scott Dowell, as the City Auditor. (Mark Orme, City Manager)

2.6. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 4/6/21

2.7. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.4.

3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on matters notalready listed on the agenda.

Addressing the Council under Business from the Floor were Robyn Engel, Julie Wood, Nancy Park,Charles Withuhn, Theresa O'Connor, Rhonda Magnusson, Margaret Swick, Lori Mason, PatrickNewman, Jesica Giannola, Mary Kay Benson, Diana Dreiss, Ruth Sarnoff, Dr. Robert Bowman,Lorraine Forster, and Sascha Sarnoff.

The Council recessed at 7:38 p.m. for a ten-minute break. The meeting was reconvened and allmembers were present.

4. PUBLIC HEARINGS

4.1. HEARING TO CONSIDER THE FINAL ANNUAL ENGINEER'S REPORT AND THE LEVY ANDCOLLECTION OF THE 2021-22 ASSESSMENTS FOR THE HUSA RANCH/NOB HILLNEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08

On 5/04/21, the City Council adopted resolutions approving the preliminary Annual Engineer's Report("Report") and declaring its intention to levy and collect the annual assessments for the HusaRanch/Nob Hill Neighborhood Park Landscape and Lighting District No. LLD 001-08 ("LLD") for the2021-22 fiscal year. The Council also scheduled tonight's public hearing to consider approval of thefinal Report and the proposed annual levy of $77.04/parcel, an approximate $11 increase from the2020-21 assessment. (Report - Erik Gustafson, Public Works Director - Operations &Maintenance)

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

A motion was made by Councilmember Huber and seconded by Vice Mayor Reynolds to adopt thefollowing resolution:

RESOLUTION NO. 29-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICOAPPROVING THE FINAL ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY ANDCOLLECTION OF ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARKLANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2021-22

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: None

5. REGULAR AGENDA

5.1. JOINT PUBLIC SAFETY AGREEMENT BY AND BETWEEN THE CITY OF CHICO ANDCALIFORNIA STATE UNIVERSITY, CHICO REGARDING COOPERATION BETWEEN THECHICO POLICE DEPARTMENT AND UNIVERSITY POLICE DEPARTMENT - This item was

continued to a future meeting.

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5.2. INTERVIEWS OF BOARD AND COMMISSION MEMBERS

As set forth by Council policy, a Biennial Recruitment is held every two years for the recruitment ofpotential members to serve on the City of Chico's board and commissions. Because of the need toextend the 2020 recruitment periods for the Architectural Review and Historic Preservation Board,Airport Commission and Climate Action Commission, Council interviewed the applicants stillinterested in serving on a City advisory body, with final appointments made at the June 15, 2021meeting. Appointments were made on February 16, 2021 for the Arts, Bidwell Park and Playground,and Planning Commissions.

In order to qualify for appointment to a City of Chico board or commission, all applicants must beregistered voters and reside in the City of Chico, with addresses and voter registration verified byboth the City Clerk staff and the County Clerk's Office. Following the conclusion of the interviews,Council was provided with a nomination form to complete and return to the City Clerk for consolidationinto a final staff report. (Report - Deborah R. Presson, City Clerk & Elections Official)

Melissa Thiede, Marc Breckenridge, Martin Nichols, and Larry Wahl addressed the Council on apossible appointment to the Airport Commission.

Thomas Thomson spoke on behalf of the Architectural Review and Historic Preservation Board.

Kirk Monfort and Joshua Pierce spoke about their interest in serving on the Climate ActionCommission.

5.3. RESOLUTION TO APPROVE THE FY2021 -22 FINAL BUDGET

The City Manager requested consideration and adoption of a resolution approving the FY2021-22Final Budget for the City of Chico, the Successor Agency to the Chico Redevelopment Agency andthe City of Chico Parking Authority. (Report - Mark Orme, City Manager)

Addressing the Council was Jesica Giannola.

A motion was made by Councilmember Morgan and seconded by Councilmember Denlay to adoptthe following resolution:

RESOLUTION NO.30-21 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING

THE 2021-22 FINAL BUDGET FOR THE CITY OF CHICO, THE SUCCESOR AGENCY TO THECHICO REDEVELOPMENT AGENCY

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: None

The Council recessed at 8:53 p.m. for a ten-minute break. The meeting was reconvened and allmembers were present.

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5.4. CONSIDERATION TO EXECUTE A WORK ORDER WITH PG&E FOR PROJECT PROPOSALPHASE 2 UNDER THE SUSTAINABLE SOLUTIONS TURNKEY (SST) PROGRAM USINGINTERNAL FINANCING

At its 11-5-19 meeting, Chico City Council authorized staff to execute a contract with PG&E for theSustainable Solutions Turnkey (SST) program to complete Investment Grade Audits (IGA) andidentify deep energy saving projects. Staff has moved into Phase-2 with five deeper energy savingsprojects totaling $11,037,887. Staff recommended financing these projects internally using reservesfrom the sewer reserve fund and worker compensation fund, which will be repaid with annual transfersrealized by utility cost savings. (Report - Erik Gustafson, Public Works Director-Operations andMaintenance)

A motion was made by Councilmember Brown and seconded by Mayor Coolidge to authorize theCity Manager to execute a Work Order with PG&E to complete proposed Phase 2 projects under theSustainable Solutions Turnkey program contract and execute the necessary reserve fund balancetransfers to fund these projects.

The motion carried by the following vote:

AYES: Brown, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: Denlay

A motion was made by Councilmember Denlay to hear Items 5.5. and 5.10 (and continue theremaining items to a future meeting) and waive the Council's 10:00 p.m. rule to not take up any othermatters after that timeframe.

The motion died for a lack of a second.

5.5. COMMUNITY BENEFITS AGREEMENT

The City Council ("Council"), at its meeting of May 4, 2021, reviewed a legal comparison of aCommunity Benefit Agreements ("CBA") versus a development agreement for commercial cannabisbusinesses. Council requested additional information related to commercial cannabis businessesimplemented within other Council directed staff to reopen the application process on June 1, 2021and bring back an item for discussion. The Council discussion included the number of allowedcommercial cannabis businesses in the City of Chico ("Chico"). Additionally, Council requested adraft CBA to review. This report includes a chart on how other jurisdictions have implemented CBAsregarding commercial cannabis businesses. (Report - Vincent C. Ewing City Attorney)

Addressing the Council were David Petersen, Curtis Bortle, Jesica Giannola, Jessica Mackenzie,Crystal Keesey, and Dayna Wyman.

A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to: (1) adopt thefollowing resolution setting the number of retail storefronts at three (which includes delivery); (2)approve the draft community benefits agreement with the percentage set at 5%, with all proceeds togo into a community benefit fund which Council will review each year to determine how the fundsshould be expended; and (3) note that manufacturing, testing, and distribution are on hold at thistime.

RESOLUTION NO. 31-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO,CALIFORNIA, RESOLVING THAT THE MAXIMUM NUMBER OF RETAILER-STOREFRONTCOMMERCIAL CANNABIS BUSINESS PERMITS ALLOWED CITYWIDE AS SET FORTH INSECTION 5.42.110 OF THE CITY OF CHICO MUNICIPAL CODE WILL BE REDUCED FROM AMAXIMUM NUMBER OF FOUR TO THREE

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The motion carried by the following vote:

AYES: Brown, Huber, Tandon, ReynoldsNOES: Denlay, Morgan, Coolidge

5.6. CONFIRMATION OF COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT - This item was

continued to the 6/15/21 meeting.

5.7. CONFIRMATION OF DEPUTY DIRECTOR - COMMUNITY DEVELOPMENT/BUILDINGOFFICIAL - This item was continued to the 6/15/21 meeting.

5.8. MAYOR COOLIDGE REQUEST - COMMUNITY TRAVEL BANK AT THE AIRPORT - This item

was continued to the 6/15/21 meeting.

5.9. COUNCILMEMBER BROWN REQUEST - RECONSIDERATION OF 5/18/21 CANNABIS VOTE

- This item was continued to the 6/15/21 meeting.

5.10. ITEMS ADDED AFTER THE POSTING OF THE AGENDA

SHELTER CRISIS DECLARATION INFORMATION - This item was continued to the 6/15/21

meeting.

6. REPORTS AND COMMUNICATIONS - The following reports and communication items wereprovided for the Council's information. No action could be taken on items under this section unlessthe Council agreed to include it on a subsequent agenda.

6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Orme

6.2. SUNSHINING OF DRAFT MOU - CHICO PUBLIC SAFETY ASSOCIATION (CPSA) - Report only

Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, theCouncil was provided a draft copy of the Memorandum of Understanding applicable to theCPSA. This initiates the two week "sunshining" period for Council and community members to reviewthe draft document. A final presentation will be brought forward to Council for consideration at itsmeeting on June 15,2021. (Jamie Cannon, Director of Human Resources & Risk Management)

6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only

6.4. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers could verbally requestan item to be agendized at a future meeting. After stating what the item would be, a majority vote otCouncil was needed in order for staff to agendize. Councilmembers may also submit requests inwriting.

Councilmember Huber - Request to Discuss the Revocation of the Sit/Lie Ordinance.

A motion was made by Councilmember Huber and seconded by Councilmember Brown to agendizeCouncilmember Huber's request to discuss the revocation of the SiULie Ordinance.

The motion failed by the following vote:

AYES: Brown, HuberNOES: Denlay, Morgan, Tandon, Reynolds, Coolidge

Mavor Coolidge - Hooker Oak Surplus Wood

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A motion was made by Mayor Coolidge and seconded by Councilmember Morgan to agendize MayorCoolidge's request to discuss what should be done with the remaining pieces of the Hooker OakTree, with it noted that this item would not come back for a while due to the number of critical itemscurrently being addressed.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: None

7. CLOSED SESSION - Council recessed at 10:11 p.m. to Closed Session in Conference Room 1.

7.1. CLOSED SESSION PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - None

7.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION per Gov. Code Sec.54956.9(a) USDC (ED) Case No. 2:21-cv-00640 - MCE-DMC: Warren v. Chico

7.3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure tolitigation; threatened or anticipated litigation; initiation of litigation per Gov. Code Sec. 54956.9(b),54956.9(d)(1 ), 54956.9(d)(2), 54956.9(c): (one case)

7.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None

7.5. CLOSED SESSION ANNOUNCEMENT

City Attorney Ewing announced that Council met in Closed Session with all members present withthe following updates:

Item 7.2., Existing Litigation: Warren v. Chico - No action was taken; direction was provided.

Item 7.3. Anticipated Litigation - No action was taken; direction was provided.

8. ADJOURNMENT - Adjourned at 11:40 p.m. to the Adjourned Regular City Council meeting on June15,2021 at 6:00 p.m. in the Council Chamber at 421 Main St. Chico, CA.

Date Approved: hirp 7/5/21

Deborah R. Presson, MMC, City Clerk

June 1, 2021 City Council Minutes Page R

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June 8, 2021

Draft Minutes

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ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - June 8, 2021Minutes

1.1. SPECIAL CITY COUNCIL MEETING - 4:00 p.m.

1.2. Call to Order - Mayor Coolidge called the June 8, 2021 - Special Council Meeting to orderat 4:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3. Pledge of Allegiance to the Flag

1.4. Roll Call

Present: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeAbsent None

2. SPECIAL AGENDA - The public was provided with an opportunity to address the Councilon any item described in the agenda before or during consideration of that item. (GovernmentCode § 54954.3(a).) The City Council was prohibited by law from considering any otherbusiness at this meeting.

CLOSED SESSION ANNOUNCEMENT - June 8, 2021 - Special Closed Session Meeting

City Attorney Ewing announced that Council met in Closed Session at 3:30 p.m. to discussthe item as noted below:

2.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION per Gov.Code Sec. 54956.9(a) USDC (ED) Case No. 2:21-cv-00640 - MCE-DMC: Warren

v. Chico

No reportable action was taken; direction was provided.

2.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO APPROVE THERECEIPT OF CANNABIS TAX FUND GRANT PROGRAM FUNDS THROUGHCALIFORNIA HIGHWAY PATROL

Adopted a resolution required by California Highway Patrol authorizing the City of Chico toreceive the grant funding in the amount of $318,986.16 for the Chico DUI Reduction Initiativeand enter into an agreement with California Highway Patrol to complete the grantscope. (Matt Madden, Chief of Police)

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

RESOLUTION NO. 32-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCHICO TO APPROVE THE RECEIPT OF CANNABIS TAX FUND GRANT PROGRAM

FUNDS THROUGH CALIFORNIA HIGHWAY PATROL

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: None

June 8, 2021 City Council Minutes Pagell

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2.2. AMERICAN RESCUE PLAN ALLOCATIONS

Staff prepared and attached a schedule of City Manager recommended preliminaryallocations of the American Rescue Plan (ARP) funding to City projects totaling$22,118,301. (Mark Orme, City Manager)

Addressing the Council on this matter were William Brady, Tom DiGiovanni, Katy Thoma,Doug Roberts, Carla, Catherine Posey, Charles Withuhn, Rita Miller, Paula Hare, Nichole

Nava, Jeff Creed, Grace Marvin, Lori Harris, Greg Scott, Jesica Giannola, Jynaia Badie, andMary Murphy.

A motion was made by Councilmember Huber to approve the preliminary allocations of ARPfunds for City projects, with the reference to homelessness dollars stricken from the BMXallocation item.

Councilmember Huber's motion died for a lack of a second.

A motion was made by Mayor Coolidge to approve the preliminary allocations of ARP fundsfor City projects with: (1) removal of the homeless reference from the BMX line item;(2) removal of the employment pilot program from the list; (3) removal of the allocation forthe resting site for further analysis to see if these funds can be used for a possible settlement;(4) direct staff to break out and delineate the amounts proposed for the park restoration fromthe resting site; and (5) direct the City Attorney to provide the Council with an analysis onwhether the ARP funds can be used for a legal settlement.

Councilmember Denlay asked for a friendly amendment to have staff look into the dollaramount for small business support and possibilities for the funding of children's activities.The amendment was accepted and she seconded the motion.

Councilmember Tandon requested a friendly amendment to note that the funds for downtownimprovement be for businesses through the whole city. That amendment was accepted.

Councilmember Morgan asked for a friendly amendment to leave the allocation for the restingsite in this action, pending the City Attorney's analysis which he would provide at the June

15, 2021 meeting.

Mayor Coolidge accepted Councilmember Morgan's friendly amendment. CouncilmemberDenlay withdrew her second. Then Mayor Coolidge unaccepted Councilmember Morgan'sfriendly amendment and Councilmember Denlay then reinstated her seconding of the motion.

The motion failed by the following vote:

AYES: None

NOES: Brown, Denlay, Huber, Morgan, Tandon, Reynolds, Coolidge

Councilmember Denlay moved to direct staff to (1) bring back each item on the list asindividual items which includes detailed explanations for each item listed; (2) provide anattorney evaluation of whether the funds in question could be used for a settlement; (3)include some form of support for items for children; and (4) reconsideration of the smallbusiness support allotment.

Councilmember Denlay's motion died for a lack of a second.

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Vice Mayor Reynolds moved to direct staff to: (1) break out the costs or provide a percentagefor the resting site from the park restoration so that the public can understand and know whatwill be spent on what and adjust amounts if needed; (2) change the funding from thedowntown business so that the allocation could be city wide; (3) include an allocation forchildren's programs; (4) remove the transitional work pilot program; (5) delete the nexus ofhomelessness from the BMX item; and (6) request an analysis by the City Attorney regardingif these funds can be used for settlements.

Vice Mayor Reynold's motion died for a lack of a second.

A motion was made by Councilmember Morgan and seconded by Councilmember Huber toleave the allocations as they were in the report with the following modifications: (1) removethe work training pilot program; (2) make the downtown building program be city wide; (3)remove the homelessness nexus from the BMX item; (4) identify approximate amountsbetween the park restoration and resting place allocation; (5) direct the City Attorney to returnat the 6/15/21 meeting with an analysis on whether these funds can be used for a settlement;(6) transfer the proposed allocation from the work training pilot program and allocate it toyouth programs.

The motion carried by the following vote:

AYES: Huber, Morgan, Tandon, Reynolds, CoolidgeNOES: Brown

3. ADJOURNMENT - Adjourned at 6:26 p.m. to the Adjourned Regular City Council meetingon Tuesday, June 15, 2021 at 6:00 p.m. in the Council Chamber at 421 Main St. Chico, CA.

Date Approved: /d rp 7/6/21

Deborah R. Presson, MMC, City Clerk

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June 15, 2021

Draft Minutes

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ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - June 15, 2021Minutes

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

1.2. Call to Order - Mayor Coolidge called the June 15, 2021 - Adjourned City Council meeting to order at6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3. Invocation - Police Chaplain Joel Krise

1.4. Pledge of Allegiance to the Flag

1.5. Roll Call

Present: Brown, Denlay, Huber, Morgan, Tandon, CoolidgeAbsent Reynolds

2. CONSENTAGENDA

A motion was made by Councilmember Morgan and seconded by Councilmember Denlay to approvethe Consent Agenda, as read.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, CoolidgeNOES: None

ABSENT: Reynolds

2.1. APPROVAL OF THE 2021/22 BUTTE INTERAGENCY NARCOTICS TASK FORCE (BINTF)PROPOSED GENERAL BUDGET

Approval of the 2021/22 Butte Interagency Narcotics Task Force (BINTF) Proposed General Budget.In 2002, the City Council approved consolidation of the Butte Interagency Narcotics Task Force(BINTF) and Butte Anti-Drug and Gang Special Supervision (BASS) Unit. The Memorandum ofUnderstanding provides that each participating agency shall approve or disapprove the BINTF budgetno later than June 30th of each year. (Matt Madden, Po/ice Chief)

2.2. RESOLUTION NO. 33-21 - RESOLUTION OF THECHICOCITY COUNCIL AUTHORIZING A HOMEFUND LOAN, AN AFFORDABLE HOUSING FUND LOAN AND ARTICLE XXXIV AUTHORITY FORTHE DEVELOPMENT OF PHASE 11 OF THE NORTH CREEK CROSSINGS AFFORDABLEHOUSING PROJECT AT THE NORTHEAST CORNER OF LITTLE CHICO CREEK AND NOTREDAME BLVD, PORTION OF APN 002-180-198 AND APN 002-180-090

The Central California Housing Corporation (CCHC), through its Affordable Housing DevelopmentCorporation (AHDC), proposes to improve the property located north of Little Chico Creek andadjacent to and east of Notre Dame Boulevard (portions of APN 002-180-198 and 002-180-090), withan affordable housing development in two phases, known as North Creek Crossings (NCC 1 & 2).This report addresses the second phase (NCC-2) which will include fifty-three (53) units affordable tolow-, very low-, and extremely low-income family households, and one (1) manager unit.

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The City identified HOME funds for an affordable multi-family project and has funds available in theAffordable Housing Fund (Redevelopment Agency loan repayments) to support the production ofseverely needed affordable housing units. The loan of funds requires compliance with Article XXXIVof the State Constitution.

The project will assist the City in meeting its goals to provide for extremely low- and very low- and low-income housing and is linked directly to the recently awarded State Infill and Infrastructure Grant forthe improvement of Bruce Road. (Report -Marie Demers, Housing Manager)

2.3. RESOLUTION NO. 34-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICORECOGNIZING THE CHICO FIRE MANAGEMENT EMPLOYEES AS A MAJORITY

REPRESENTATIVE

The proposed resolution, based on the results of a secret ballot election, certifies that formalrecognition should be granted to the Chico Fire Management Employees (CFME). (Jamie Cannon,

Director of Human Resources & Risk Management)

2.4. RESOLUTION N0. 35-21 -RESOLUTION OF THE COUNCILOF THECITY OF CHICO APPROVING"MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND THE CHICOPUBLIC SAFETY ASSOCIATION REGARDING PAY, HOURS, AND OTHER TERMS ANDCONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30,2023"(2021 MOU-CPSA)"

Adopted a resolution which modifies the pay and benefit provisions applicable to the Chico PublicSafety Association (CPSA), resulting from recently concluded negotiations. (Jamie Cannon, Director

of Human Resources & Risk Management)

2.5. RESOLUTION NO. 36-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICOAMENDING RESOLUTION 28-21 APPROVING THE FISCAL YEAR 2021-22 LIST OF PROJECTSFUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT

Adopted a resolution amending Resolution 28-21 approving the fiscal year 2021-22 list of projectsfunded by SB1 to be submitted to the California Transportation Commission (CTC) by July 1, 2021.On June 1, 2021 Council adopted Resolution 28-21 approving the fiscal year 2021-22 list of projectsfunding by SB 1: The Road Repair and Accountability Act. Staff was recently notified by the CaliforniaTransportation Commission (CTC) that the approved resolution did not include a proposed completionschedule, which is a detail required by the CTC. Staff has prepared a resolution to correct that errorand has added a proposed completion date of June 2022. (Brendan Ottoboni, Public WorksDirector-Engineering)

2.6. APPROVAL OF PROPOSED AMENDMENTS TO THE PEREGRINE POINT DISC GOLFOPERATING AGREEMENT WITH OUTSIDE RECREATION ADVOCATES, INC (ORAI)

At its 4/26/21 meeting, the Bidwell Park & Playground Commission (BPPC) considered staffs and theNatural Resources Committee's proposed amendments to the Peregrine Point Disc Golf (PPDG)Operating Agreement with Outside Recreation Advocates, Inc. (ORAI) to better reflect existingmaintenance practices, a revised biological monitoring schedule, and ORAI's capacity to maintain thecourse. If approved, the ORAI agreement would be amended to: (1) extend the Agreement term foranother 1 0-year term until 6/30/30; (2) revise the ecological monitoring survey frequency of Blue Oaksto five (5) years and the surveys for the Checkerbloom and Knotweed to every three (3) years, all ofwhich to be paid by the City; (3) require ORAI to contribute up to $5,000 of in-kind volunteer labor orcosts of supplies, materials, or services each year to continue to maintain and be stewards of thePPDG course; and (4) revise the mitigation and monitoring requirements in Exhibit B to the Agreementto include the above proposed amendments and to reflect only the current remaining requiredtasks. (Linda Herman, Park & Natural Resources Manager)

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2.7. AUTHORIZATION TO SIGN A LEASE AGREEMENT WITH CHICO WESTSIDE LITTLE LEAGUE

Authorization for the City Manager to execute a five (5) year lease, with the option for two (2) five-yearextensions, by and between the City of Chico and Chico Westside Little League. The City of Chicoentered into a lease agreement with Chico Westside Little League on July 1, 2006.

The lease will expire June 30, 2021. Chico Westside Little League has requested to enter into a newlease agreement with the City to continue to operate and maintain a youth baseball league on Cityproperty, which is of general public benefit. (Mark Orme, City Manager)

2.8. APPROVAL OF SUPPLEMENTAL APPROPRIATION NO. 2021-FD-001

The Fire Chief requested consideration and approval of a Supplemental Appropriation establishingCapital Project 50508 for the purchase of a 2021 Fire Explorer XLY 4WD to be used by the FirePrevention Bureau. Funding to be provided from Fund 874. Between the three Prevention positions,their cumulative time dedicated to Fund 874 activities is nearly 100%. (Steve Standridge, Fire Chief)

2.9. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 4/26/21, 5/4/21, AN D 5/18/21

2.10. ITEMS REMOVED FROM THE CONSENT AGENDA -None

3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on matters not alreadylisted on the agenda.

Addressing the Council were Lyndall Ellingson, Ken Mollison, Kelli Johnson, Nichole Nava, Jeff Creed,and Jesica Giannola.

4. PUBLIC HEARINGS

4.1. HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A43 - PARCELMAP 20-01 - SIERRA CASCADE GROUP

A condition of approval of a final subdivision map requires property owner, Sierra Cascade Group,Inc., to provide a means for funding the future replacement and annual operation and maintenancecosts of certain public improvements. These improvements include storm water quality facilities withleach trenches, and street trees, which are of specific benefit to the lots within this subdivision. Thisnew four (4) lot subdivision is located at the northwest corner of Lassen Avenue and Carlene Place,APN 006-340-012. (Report - Brendan Ottoboni, Public Works Director - Engineering)

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

A motion was made by Councilmember Morgan and seconded by Councilmember Brown to adopt thefollowing resolution:

RESOLUTION NO. 37-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICOORDERING FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT AND APPROVING ADECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS RELATING THERETO -CITY OF CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A43 - PARCEL MAP 20-01 -SIERRA CASCADE GROUP, INC.

The motion carried by the following vote:

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AYES: Brown, Denlay, Huber, Morgan, Tandon, CoolidgeNOES: None

ABSENT: Reynolds

5. REGULAR AGENDA

5.1. BUTTE COUNTY CONTINUUM OF CARE PRESENTATION

At its meeting of April 26, 2021, the Council voted 7-0 to request a presentation from the Butte CountyContinuum of Care on its program.

Addressing the Council on this presentation were Jesica Giannola, Nichole Nava, and Jeff Creed.

Council asked the City Manager to work with the CoC regarding the fair share of funding from othercities.

The Council recessed at 7:35 p.m. for a ten-minute break. The meeting was reconvened and allmembers were present, with Vice Mayor Reynolds noted as absent.

5.2. CONFIRMATION OF COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT - Continued from

6/1/21 Council Meeting

Section 605 of the City Charter states that the appointment of department heads is subject toconfirmation by the City Council. In order to meet this requirement, City Council was presented withthe employment agreement for the Community Development Director. (Report - Mark Orme, City

Manager)

A motion was made by Councilmember Brown and seconded by Councilmember Tandon to confirmthe appointment of Brendan Vieg with an annual salary of $149,826.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, CoolidgeNOES: None

ABSENT: Reynolds

5.3. CONFIRMATION OF DEPUTY DIRECTOR - COMMUNITY DEVELOPMENT/BUILDING OFFICIAL

- Continued from 6/1/21 Council Meeting

Section 605 of the City Charter states that the appointment of department heads is subject toconfirmation by the City Council. In order to meet this requirement, City Council was presented withthe employment agreement for the Deputy Director - Community DevelopmenUBuildingOfficial. (Report - Mark Orme, City Manager)

A motion was made by Mayor Coolidge and seconded by Councilmember Morgan to confirm theappointment of Shawn Huff with an annual salary of $126,000.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, CoolidgeNOES: None

ABSENT: Reynolds

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5.4. MAYOR COOLIDGE REQUEST -COMMUNITY TRAVEL BANKAT THE AIRPORT - Continued from

6/1/21 Council Meeting

At its meeting of 5/4/21, the Council voted to agendize a request from Mayor Coolidge to discuss acommunity travel bank which should actually be referred to as an "Air Service Revenue GuaranteeFund" for the Airport.

No formal action was taken on Item 5.4. as staff has already created an Air Services Committee andthis type of air service revenue guarantee fund will be part of the discussions held by thiscommittee. Mayor Coolidge did appoint both himself and Councilmember Denlay to participate in thisad hoc committee's discussions.

5.5. COUNCILMEMBER BROWN REQUEST - RECONSIDERATION OF VOTE - Continued from 6/1/21

Council Meeting

At its meeting of 5/18/21, the Council voted to agendize a request from Councilmember Brown toreconsider her vote on the Community Benefit Agreement and Development Agreement Comparisondiscussion from the 5/4/21 Council meeting.

Councilmember Brown withdrew her request.

5.6. SHELTER CRISIS DECLARATION INFORMATION - Continued from 6/1/21 Council Meeting

At the City Council meeting of May 18, 2021, a request was made for staff to give background on andquantify the benefits of having a Shelter Crisis Declaration in place for the past two years and sevenmonths. Staff was also asked to identify any benefits the City could receive by extending thedeclaration into the future.

Addressing the Council were Jesica Giannola, Nichole Nava, Julie Wood, and Kelli Johnson.

A motion was made by Councilmember Huber and seconded by Councilmember Brown to direct staffto bring a resolution back extending the Shelter Crisis Declaration for two more years.

The motion failed by the following vote:

AYES: Brown, HuberNOES: Denlay, Morgan, Tandon, CoolidgeABSENT: Reynolds

A motion was made by Councilmember Brown and seconded by Councilmember Huber to direct staffto prepare a new resolution to have ready for adoption should the need arise.

Staffclarified that a resolution could be brought forward at any time the Council deemed it was needed.

Councilmember Brown rescinded her motion.

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5.7. VERBAL UPDATE ON USE OF AMERICAN RESCUE PLAN FUNDS RELATED TOSETTLEMENTS

At its meeting of 6/8/21, the Council asked the City Attorney to provide an opinion on the use ofAmerican Rescue Plan funds if said funds were used in a settlement agreement. The CityAttorney provided a verbal report. (Report - Vincent Ewing, City Attorney)

Addressing the Council were Jesica Giannola and Nichole Nava.

It was noted by the City Attorney that his office would continue to monitor the regulations as they comeforward from the Department of Treasury which have not yet been finalized. At this time, he believedthat the use of the funds for a settlement would be permitted based on the very nature of the way thefunds were being allocated.

5.8. ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None

6. REPORTS AND COMMUNICATIONS - The following reports and communication items wereprovided for the Council's information. No action could be taken on items under this section unlessthe Council agreed to include it on a subsequent agenda.

6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Orme

6.2. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers may verbally requestan item to be agendized at a future meeting. After stating what the item would be, a majority vote ofCouncil is needed in order for staff to agendize. Councilmembers may also submit requests in writing.

HOPE STREET COALITION PRESENTATION REQUEST - Councilmember Denlay

A motion was made by Councilmember Denlay and seconded by Councilmember Morgan to agendizea presentation from the Hope Street Coalition at the July 6th meeting.

The motion carried by the following vote:

AYES: Brown, Denlay, Huber, Morgan, Tandon, CoolidgeNOES: None

ABSENT: Reynolds

7. CLOSED SESSION - Council recessed at 8:56 p.m. to Closed Session in Conference Room 1.

7.1. CLOSED SESSION PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - None

7.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION per Gov. Code Sec. 54956.9(a)USDC (ED) Case No. 2:21-cv-00640 - MCE-DMC: Warren v. Chico

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7.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec.

54956.9(d)(1): CHICO SCRAP METAL V. CITY OF CHICO (SCSC CASE NO. 18CV03900)

7.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure tolitigation; threatened or anticipated litigation; initiation of litigation per Gov. Code Sec. 54956.9(b),54956.9(d)(1), 54956.9(d)(2), 54956.9(c). (two cases)

7.5 CONFERENCE WITH LEGAL COUNSEL AND RISK MANAGER - PENDING LITIGATION:

The City Attorney and Risk Manager reviewed the settlement of one workers' compensation claimpursuant to Gov. Code Sec. 54956.9(d)(1). Case: Case: XXXXX vs. (WC Claim No. CWCO-550077)

7.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None

7.7. CLOSED SESSION ANNOUNCEMENT

The City Attorney announced that Council met in Closed Session (except for Vice Mayor Reynoldswho was absent from this meeting) to discuss the items as noted on the agenda.

The announcement is as follows:

Item 7.2.

Item 7.3.

Item 7.4.

Item 7.5.

Existing Litigation - Warren v. Chico - No reportable action taken; direction provided.

Existing Litigation - Chico Scrap Metal v. Chico - No reportable action taken; direction

provided.

Anticipated Litigation - No reportable action taken; direction provided.WC Claim No. CWCO-550077 - Settlement authorization of $250,000 on a 6-0-1 vote,

with Reynolds absent.

8. ADJOURNMENT - Adjourned at 11:15 p.m. to the Regular City Council meeting on July 6, 2021 at6:00 p.m. in the Council Chamber at 421 Main St. Chico, CA.

Date Approved: /d rp 7/6/21

Deborah R. Presson, MMC, City Clerk

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