ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - September 6, 2022 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the September 6, 2022 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Pastor Bryan Meyers, Grace Community Church
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
Present: Bennett, Morgan, O'Brien, Tandon Reynolds, Coolidge
Absent: Brown
1.6. September 6, 2022 Closed Session Announcement
City Attorney Ewing announced that Council met with staff in Closed Session on the following items as detailed on the agenda.
No action was taken; direction was provided.
2.3. CONFERENCE WITH LABOR NEGOTIATOR
2.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Warren v. Chico
2.5. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Estate of Tyler S. Rushing et al v. AG Private Protection
2.6. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: BCSC: Case No. 22CV01954:
Chicoans Against Financial Mismanagement - No on Measure Het al v. City of Chico, et al
2.7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8. (3 properties)
1.7. Presentation: Youth Program Grants - Jennifer Macarthy, Deputy City Manager
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon Reynolds, Coolidge NOES: None
ABSENT: Brown
September 6, 2022 City Council Minutes Pagel1
2.1. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-PWE-002 FOR CIP NO. 12058- BICYCLE PATH LITTLE CHICO CREEK TO 20TH STREET PARK
The Public Works Director-Engineering requested consideration and approval of a Supplemental Appropriation/Budget Modification for the transfer of funds from Fund 212 Transportation (TDF) funds to capital project (12058-Bicycle Path Little Chico Creek to 20th Street Park) to better align with the anticipated use of funds. (Leigh Ann Sutton, Public Works Director-Engineering)
2.2. RESOLUTION NO. 53-22 - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO ABANDON AND VACATE A PORTION OF TWO (2) PUBLIC UTILITY EASEMENTS
PURSUANT TO THE PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION LAW (BELVEDERE HEIGHTS SUBDIVISION PHASE 4) ASSESSOR'S PARCEL NOS. 018-580- 075 AND 018-580-076
Adopted a resolution of intention to abandon and vacate a portion of two public service easements on lots 152 and 153 of the Belvedere Heights Subdivision Phase 4, located at the northerly terminus of Dawncrest Drive and scheduling a public hearing for October 4, 2022. (Leigh Ann Sutton, Public Works Director - Engineering)
2.3. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on matters not already listed on the agenda. The Council could not take any action on requests made under this section of the agenda.
Addressing the Council were Robyn Engle, Julie Threet, Nichole Nava, Katie Posey, Jesica Giannola, Robert Bowman.
4. PUBLIC HEARINGS
4.1. APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT 19-25 AND AR 19-22 (TOWNEPLACE SUITES HOTEL; APN# 018-230-001)
City Council considered an appeal by the applicant, Continuum Hospitality, LLC, of a Planning Commission denial of a use permit (UP 19-25) and associated architectural review application (AR 19-22) to construct a four-story, 112 room hotel building on a vacant 4.09 acre site located south of Sierra Sunrise Terrace and northeast of the intersection of Deer Creek Highway (SR 32) and Bruce Road. The property was designated Commercial Mixed Use (CMU) on the General Plan Land Use Diagram and is zoned CC (Community Commercial). Pursuant to Chico Municipal Code (CMC) Section 19.44.020, Table 4-6, a hotel use may be established in the CC zoning district subject to use permit approval. The proposed project was determined to be categorically exempt from environmental review pursuant to CEQA Guidelines Section 15332 (Infill Development Projects). (Report - Brendan Vieg, Community Development Director) September 6, 2022 City Council Minutes Page /2
Ex Parte Announcements:
Councilmember O'Brien - received emails from Gary Taylor which outlined concerns about the proposed project.
Councilmember Bennett - met with Jim Stevens and staff with questions Vice Mayor Reynolds - spoke with Jim Stevens, Gary Taylor and several ladies who are part of the California Park Association
Mayor Coolidge - spoke with Jim Stevens
Councilmember Tandon - spoke with Jim Stevens and Gary Taylor Councilmember Morgan - spoke with Gary Taylor and held two separate meetings with Jim Stevens Mayor Coolidge opened the hearing to the public.
Addressing the Council on behalf of the Appellant was Mark Wolfe and Jim Stevens.
Citizens addressing the Council on this matter were B.T. Chapman, Ron Ricci, Nelly Vargas, Gary Taylor, Sandy Goulart, Judy Sitton, Martha Ellington, Marsha Burch, Tim Donohue, Sharon Nichols, Vic Makau, Marci Goulart, Valerie Priola, Greg Steel, Dorinda Salvo, Jeffrey Lambkin, Kathleen Lambkin, Jeff Carter, Pam Giuiano, Julie Threet, Trudy Duisenberg, and Jesica Giannola.
Mayor Coolidge closed the hearing.
A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to adopt the following resolution upholding the appeal, with the removal of Condition # 4 - which would send the design of the project back to ARHPB for review and approval; and add one additional condition requiring the Applicant to provide evidence of easements to utilize Sierra Sunrise Terrace for ingress and egress, both pedestrian and vehicular, to the proposed project site for review and concurrence from the City Attorney's Office:
RESOLUTION NO. 54-22 - RESOLUTION OF THE CITY OF CHICO CITY COUNCIL UPHOLDING AN APPEAL AND APPROVING USE PERMIT 19-25, IDENTIFIED AS APN 018-230-001 (TownePlace Suites Hotel), as amended.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Coolidge
NOES: Reynolds
ABSENT: Brown
The Council recessed at 8:14 p.m. for a ten-minute break. The meeting was reconvened, and all members were present, with it noted that Councilmember Brown was absent from the meeting.
September 6, 2022 City Council Minutes Page|3
5. REGULAR AGENDA
5.1. CONFIRMATION OF ADMINISTRATIVE SERVICES DIRECTOR
Section 605 of the City Charter states that the appointment of department heads is subject to confirmation by the City Council. In order to meet this requirement, City Council is being presented with the employment agreement for the Administrative Services Director. (Report - Mark Sorensen, City Manager)
A motion was made by Councilmember O'Brien and seconded by Councilmember Morgan to confirm the appointment of Barbara Martin as the Administrative Services Director after the City Manager first announced for the record a summary of the recommendation for final action related to the Administrative Services Director employment agreement as follows:
"The City Manager is proposing to enter into an employment agreement with Barbara Martin as the Administrative Services Director; and the City Manager is proposing to appoint Barbara Martin with an annual salary of $149,000.00." B. The City Manager recommends Council Confirmation of the appointment of Barbara Martin as Administrative Services Director." The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon Reynolds, Coolidge NOES: None
ABSENT: Brown
5.2. CONSIDERATION OF THE FINANCE COMMITTEE SEWER UTILITY RATE RECOMMENDATION Costs for ongoing wastewater treatment have increased over the years to address more stringent regulations, and operational needs, while sewer fees collected by the City have remained largely unchanged. Capital Improvement Projects (CIP) for the collection system have not been realized due to low revenue collection causing infrastructure to age far beyond its normal useful life in many areas.
The lack of sufficient long term capital improvement funding for both the Water Pollution Control Plant (WPCP) and collection system have become concerning for staff. Multiple technical studies were performed including a full WPCP facility analysis, sewer enterprise valuation analysis, collection system analysis, and a rate study combining all the information to recommend monthly sewer rates to properly manage and operate the full sewer enterprise. At the April 27, 2022 Finance Committee meeting, the Committee moved 3-0 recommending a proposed sewer rate increase with 50% of the collection system need, volumetric, based on winter month water consumption, and a gradual increase over five years. (Erik Gustafson, Public Works Director - Operations and Maintenance) Addressing the Council were Jesica Giannola, Katie Posey, and Mike Trolinder.
A motion was made by Councilmember O'Brien and seconded by Councilmember Morgan to direct staff to initiate the Proposition 218 process including the public hearing notice document and select the rate that would be brought forward at the public hearing.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon Reynolds, Coolidge NOES: None
ABSENT: Brown
September 6, 2022 City Council Minutes Page /4
5.3. ITEMS ADDED AFTER THE POSTING 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 Sorensen
6.2. COMMERCIAL CANNABIS STOREFRONT RETAIL DISPENSARIES - FINAL SELECTION - Receive and file
The City of Chico accepted applications for Commercial Cannabis Storefront Retailer permits from June 2, 2021, through July 16, 2021. There are four phases within the application process. All phases have been completed as required by the Chico Municipal Code (CMC) and the final three permits have been awarded by the City Manager pending conditions of approval.
6.3. SUNSHINING OF DRAFT MOU - CHICO POLICE MANAGEMENT EMPLOYEES (CPM) - Information only
Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council is provided a draft copy of the Memorandum of Understanding applicable to the CPM. This initiates the two week "sunshining" period for Council and community members to review the draft document. A final presentation will be brought forward to Council for consideration at its meeting on September 20, 2022. (Amanda Patton, Interim Director of Human Resources & Risk Management)
6.4. COUNCILMEMBER REQUESTS - None
ADJOURNMENT - Adjourned at 9:49 p.m. to the City Council Closed Session meeting on September 20, 2022, at 5:00 p.m., followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 9/20/22
Deborah R. Presson, MMC, City Clerk
September 6, 2022 City Council Minutes Page |5
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
September 6, 2022
5:00 p.m.
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL
2. CLOSED SESSION AGENDA
2.1. CLOSED SESSION PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS
2.2. CLOSED SESSION - Council recessed to Closed Session in Conference Room 2
2.3. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 Negotiator: Laura Izon (Atkinson, Andelson, Loya, Ruud and Romo law firm (AALRR)) Employee Organizations: Chico Fire Management Employees, Chico Management Employees, Chico Police Management, Chico Police Officers Association, Chico Public Safety Association, Confidentials, International Association of Fire Fighters, Service Employees International Union - Trades & Crafts, Stationary Engineers Local 39, United Public Employees of California - Local 792
2.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC (ED) Case No. 2:21-cv-00640 - MCE-DMC: Warren v. Chico
2.5. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): USDC (ED) 2:18-cv-01692-MCE-AC: Estate of Tyler S. Rushing et al v. AG Private Protection
2.6. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement - No on Measure H et al v. City of Chico, et al
2.7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Eastwood Court, L.P.
Property: A portion of APN 016-200-090
Address: 2770 Eaton Road, Chico, California 95973
Under Negotiation: Price and Terms of Payment, in association with the Eaton & Floral Roundabout project
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Cobble Creek Apartment Homes Limited Partnership Property: A portion of APN 016-200-095
Address: 2777 Eaton Road, Chico, California 95973
Under Negotiation: Price and Terms of Payment, in association with Eaton & Floral Roundabout project
September 6, 2022 City Council Minutes Page|6
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party negotiating with: Edward and Fredalee Gleason
Property: All or a portion of APN 002-600-048
Address: No address
Under Negotiation: Price and Terms of Payment
2.8. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
2.9. CLOSED SESSION ANNOUNCEMENT
3. ADJOURNMENT - The meeting adjourned at 5:50 p.m. to the Regular City Council Meeting on September 6, 2022 at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 9/20/22
Vibrate Messen
Deborah R. Presson, MMC, City Clerk
September 6, 2022 City Council Minutes Page / 7