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CITY OF CHICO
CITY COUNCIL AGENDA
April 21, 2015
CLOSED SESSION – 6:00 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: 4/15/15
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
Mike Dunbaugh
Interim Chief of Police
Shane Lauderdale
Fire Chief
Ruben Martinez
Public Works Director
Mark Wolfe
Community Development Dir.
Frank Fields
Administrative Services Dir.
April 21, 2015
Agenda
Page 2 of 7
ADJOURNED REGULAR CHICO CITY COUNCIL MEETING – April 21, 2015
Chico Municipal Center, Council Chamber, 421 Main Street
1.1.
ADJOURNED 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 – Pastor Jim Peck, New Vision United Church of Christ
1.4.
Pledge of Allegiance to the Flag
1.5.
Roll Call
1.6.
Closed Session Announcement
1.7.
Presentation – KLEAN (Kids Leading Everyone Against Nicotine)
1.8.
Proclamation – Computers for Classrooms
2
CONSENT AGENDA
2.1.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO REZONING OF PROPERTY
IDENTIFIED AS ASSESSOR’S PARCEL NOS. 005-450-042, -039, -018, AND -032 FROM R3
(MEDIUM-HIGH DENSITY RESIDENTIAL TO RMU (RESIDENTIAL MIXED USE (SIERRA NEVADA
BREWERY) – Final reading and adoption
Adopt - An ordinance to rezone four small parcels along the west side of Franklin Street from R3
(Medium-High Density Residential) to RMU (Residential Mixed Use). In conjunction with the proposed
rezone, the Council unanimously approved a General Plan amendment for the same properties to
change the General Plan designation from Medium-High Density Residential to Residential Mixed Use.
The Community Development Director recommends adoption of the ordinance by reading of its
title only.
2.2.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TABLE 4-6 OF TITLE
19 OF THE CHICO MUNICIPAL CODE TO ALLOW DRIVE-IN AND DRIVE-THROUGH SALES IN THE
DOWNTOWN SOUTH DISTRICT, SUBJECT TO USE PERMIT APPROVAL (RZ 14-02) – Final reading
and adoption
Adopt - An ordinance that would modify Title 19 of the Chico Municipal Code to allow drive-in and drivethrough sales in the Downtown South zoning district, subject to use permit approval and only where
certain design criteria are met. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction of Small Structures). The
Planning Commission and Community Development Director recommend adoption of the
ordinance by reading of its title only.
2.3.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING 5.40
OF THE CHICO MUNICIPAL CODE RELATING TO ALARM SYSTEMS – Final reading and adoption
Adopt – An ordinance amending Chico Municipal Code ("CMC") § 5.40 relating to Alarm Systems. The
ordinance will encourage security alarm users and security alarm monitoring companies to maintain the
operational reliability and the proper use of alarm systems in order to reduce unnecessary police
responses to false alarms and to require in-person or other independent verification before responding
to emergency calls at premises where an automatic property and/or automatic burglary alarm system
has a record of unreliability. The City Attorney recommends adoption of the ordinance by reading
of its title only.
April 21, 2015
Agenda
Page 3 of 7
2.4.
APPROVAL OF MINUTES FROM THE CITY COUNCIL MEETING OF 4/7/15
Approve – minutes from the City Council meeting held on 4/7/15. The City Clerk recommends
approval.
2.5.
ITEMS REMOVED FROM THE CONSENT
3.
PUBLIC HEARINGS
3.1.
PUBLIC HEARING AND INTRODUCTORY READING - ORDINANCES AMENDING TITLE 19 OF THE
CHICO MUNICIPAL CODE REGARDING THE REGULATION OF BUSINESSES SELLING ALCOHOL
(CITY OF CHICO) A-ZON-19
Hearing - The City Council will conduct a public hearing to consider proposed amendments to Title 19
of the Chico Municipal Code regarding businesses which sell alcohol. The proposed amendments are
exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines
Section 15061(b)(3) (General Rule Exemption). (Report - Mark Wolfe, Community Development
Director)
Recommendation: The Internal Affairs Committee (2-1, Ritter dissenting) and the Community
Development Director recommend that the City Council conduct a public hearing on the proposed
amendments and introduce the following two ordinances by reading of their titles only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING VARIOUS CHAPTERS
OF TITLE 19 OF THE CHICO MUNICIPAL CODE REGARDING THE REGULATION OF BUSINESSES
SELLING ALCOHOL
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO ADDING CHAPTER 19.09 "DEEMED
APPROVED ALCOHOLIC BEVERAGE SALE REGULATIONS" TO TITLE 19 OF THE CHICO
MUNICIPAL CODE
4.
REGULAR AGENDA
4.1.
WORKERS’ COMPENSATION REPORT
The Administrative Services Director and York Insurance will present Council with information on the
City’s Workers’ Compensation Program.
4.2.
DISCUSSION AND POSSIBLE DIRECTION TO STAFF CONCERNING AN ALTERNATIVE TO
AMORTIZATION OF CHICO SCRAP AT 878 EAST 20TH STREET
Council discussion of possible course of action regarding the pending amortization of scrap/recycling
activities at Chico Scrap pursuant to Chico Municipal Code. (Report – Mark Wolfe, AICP, Community
Development Director)
Recommendation: The City Attorney and Community Development Director recommend that the City
Council consider staff’s report and provide direction as necessary.
4.3.
LOT CLEARING AND WEED ABATEMENT PROGRAM FOR 2015
Adopt - a resolution which will: (1) require the abatement of weeds, rubbish, refuse and/or debris; (2)
set a public hearing for 5/05/15; and (3) direct the City Clerk to mail notices of the public hearing to all
owners of affected parcels. The lot clearing and weed abatement program is conducted each year under
the provisions of the California Government Code. (Report – Raul Gonzalez, Code Enforcement
Officer)
(continued on next page)
April 21, 2015
Agenda
Page 4 of 7
Recommendation: The Code Enforcement Officer recommends adoption of the resolution:
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
4.4.
CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE-PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR THE PURCHASE OF THREE
(3) PUMPERS
City of Chico Fire Engines have a typical life cycle of twenty years. Currently, three engines are in need
of and due for replacement: 40-6263 1995 Freightliner Hi-Tech, 40-6264 1995 Freightliner Hi-Tech, and
40-5173 1991 Westates. After evaluating several manufacture’s and multiple specifications, Fire
Department and Fleet Services staff have determined that Pierce (PUC) Velocity pumper best meets
the current operational requirements of the Fire Department. The City will utilize the HGAC National
Cooperative Purchasing Contract and is requesting lease-purchase approval to minimize fiscal impacts
and continue the solvency of the Fleet Replacement Fund. (Report – Erik Gustafson, Fleet Manager)
Recommendation: Staff recommends that Council adopt the following resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE-PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR THE
PURCHASE OF THREE (3) PIERCE VELOCITY PUC TYPE-1 PUMPERS
4.5.
CONSIDERATION OF COUNCILMEMBER COOLIDGE’S REQUEST TO
LEGALIZATION OF SAFE AND SANE FIREWORKS IN THE CITY OF CHICO
DISCUSS
THE
At its 4/7/15 meeting, Council voted (4-2-1, Schwab and Stone dissenting, Ritter absent) to agendize
Councilmember Coolidge’s request regarding a discussion to consider the legalization of State approved
fireworks. Since that meeting, Councilmember Coolidge has provided additional information which has
been included in the record, along with a draft ordinance. In addition, Fire Chief Lauderdale has provided
information for Council’s consideration.
4.6.
UPDATE REGARDING THE CHICO ART CENTER LEASE AGREEMENT
At its meeting of 4/7/15, Council received public comments regarding the Chico Art Center‘s decision to
not renew a sub-lease with Lindsay Brothers, Empire Coffee. Due to the impending sub-lease expiration
date of May 1, 2015 and concerns raised during the meeting, Council is being provided with an update
regarding the Chico Art Center Lease Agreement. (Report – Chris Constantin, Administrative
Services Director)
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
April 21, 2015
Agenda
Page 5 of 7
6.2.
COUNCILMEMBER REQUESTS
By emailed dated 4/14/15, Mayor Sorensen has requested Council consideration to agendize a
discussion regarding possible amendments to AP&P 10-10, related to Closed Session Announcements
and other housekeeping items.
Pursuant to AP&P 10-10, a majority vote of Council is needed in order to agendize this item for
discussion at a future meeting. If agendized, public comment will be taken at that meeting.
7.
ADJOURNMENT - Adjourn to an adjourned regularly scheduled City Council meeting on Tuesday, May
5, 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.
April 21, 2015
Agenda
Page 6 of 7
CLOSED SESSION AGENDA
Chico Municipal Center, Conference Room #2, 421 Main Street
April 21, 2015 - Adjourned Regular City Council Meeting
1.
CALL TO ORDER – 6:00 p.m.
1.1.
Roll Call
1.2.
Staff Present
2.
CLOSED SESSION MATTERS
2.1.
CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Gov. Code §54956.9(d)(2)):
Three cases.
3. ADJOURNMENT - Adjourn to the April 21, 2015 Adjourned Regular City Council meeting in the Council
Chamber.
April 21, 2015
Agenda
Page 7 of 7