REGULAR CHICO CITY COUNCIL MEETING January 3, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1/3/23 Agenda
1.2. Call to Order - Mayor Coolidge called the January 3, 2023 - 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
1.6. January 3, 2023 Closed Session Announcement
The City Attorney announced that Council met in Closed Session with staff regarding the items as noted below:
Regarding all items; no action was taken. Direction was provided.
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
2.1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO CODIFIY SENATE BILL 9, CLEANUP PROVISIONS OF THE ZONING CODE AND TO ALLOW A CARDROOM USE WITH APPROVAL OF A USE PERMIT IN THE DN (DOWNTOWN NORTH) ZONE – Final reading and adoption by reading of title only
2.1. Ordinance - Title 19 Amendments
2.2. RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 940 SALEM STREET (PORTION OF APN 005-093-002) - SUSAN V. JEFFRIES, TRUSTEE, OR HIS/HER SUCCESSOR(S) IN TRUST OF THE SUSAN V. JEFFRIES TRUST, DATED JANUARY 18, 2007 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 950 SALEM STREET (PORTION OF APN 005-093-003) - MARK LAMPE AND HEIDI LAMPE, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 912 SALEM STREET (PORTION OF APN 004-288-014) - DONALD EUGENE LUNDEEN AND MARILYN FERN LUNDEEN, AS TRUSTEES OF THE LUNDEEN REVOCABLE INTER VIVOS TRUST, DATED DECEMBER 19, 2007 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 945 SALEM STREET (PORTION OF APN 005-094-017) - ARTURO B REYES, AN UNMARRIED MAN RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 243 WEST 9TH STREET (PORTION OF APN 004-289-001) - SOUTH CHICO CHICAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
2.2. Staff Report
2.3. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 11/1/22 AND 11/15/22
2.3. Draft Minutes
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on matters not already listed on the agenda. The Council could not take any action at this meeting on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.1. VALLEY'S EDGE SPECIFIC PLAN ADOPTION (CHICO LAND INVESTMENT, LLC) The City Council conducted a public hearing regarding a proposed specific plan and related entitlements for a 1,448-acre site located immediately east of the City limits between Stilson Canyon Road, and Honey Run Road, with access from East 20th Street and Skyway Road, identified by Assessor's Parcel Nos. 018-390-005, 018-390-007, 017-210-005, 017-210-006, 017-240-023, and 017-260-119. On 12/01/2022, the Planning Commission voted 5-2 to recommend that the City Council certify the Environmental Impact Report, adopt certain environmental findings including a Statement of Overriding Considerations, adopt a Mitigation Monitoring and Reporting Program, and approve the Valley's Edge Specific Plan and related applications. applications include the Specific Plan (SP19-01), a General Plan amendment (GPA 22-03), a rezone (RZ 19-01), a code amendment (CA 22-02), and a development agreement (DA 22-01). (Report - Mike Sawley, Principal
Planner)
Councilmember
van Overbeek announced he was disqualified from participating in this matter due to owning property that was adjacent to the proposed development. He left the dais, and the Council Chamber.
Recommendation: The Community Development Director and Planning Commission recommend that the City Council adopt the following resolutions and introduce the following ordinances, by reading of the titles only:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO CERTIFYING THE ADEQUACY OF THE ENVIRONMENTAL IMPACT REPORT FOR THE VALLEY'S EDGE SPECIFIC PLAN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO: 1) ADOPTING FINDINGS REGARDING ENVIRONMENTAL EFFECTS, 2) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND 3) ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VALLEY'S EDGE SPECIFIC PLAN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN AMENDMENT 22-03
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO ADD THE VALLEY'S EDGE SPECIFIC PLAN ZONING OVERLAY DISTRICT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING THE VALLEY'S EDGE SPECIFIC PLAN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO LAND INVESTMENTS, LLC
4.1. Staff Report & All Attachments - All Files Combined (Large File)
4.1. Staff Report
A1 - Resolution to Certify EIR
A2 - Resolution of CEQA Findings and SOC
A3 - Resolution to Amend General Plan
A4 - Ordinance for Rezone
A5 - Ordinance to Amend Title 19
A6 - Resolution to Adopt the Valley’s Edge Specific Plan A7 - Ordinance to Approve Development Agreement
A8 - Location/Notification Map
A9 - VESP Land Use Plan
A10 - General Plan Consistency Analysis
A11 - Memorandum: Planning Commission Comment Letters Received Prior to December 1, 2022 A12 - Wildfire Evacuation Study, December 2022
A13 - Letters Received 12/02/2022 thru 12/18/2022
Appendix A - Materials from Planning Commission Meeting on 12/01/22
5. REGULAR AGENDA
5.1. CONSIDERATION OF INTRODUCTION OF AN ORDINANCE AND ADOPTION OF AN URGENCY ORDINANCE AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATION OF CHAPTER 12.18 IS PUNISHABLE AS A MISDEMEANOR OR INFRACTION The City’s current park rules and regulations, as codified in the City of Chico Municipal Code, Chapter 12.18 ("Chapter 12.18"), do not specify whether a violation hereof shall be a misdemeanor or infraction. However, the original intent in enacting Chapter 12.18 was to be able to enforce the similar anti-camping provisions within the City of Chico Municipal Code, Title 12R, as misdemeanors.
To enable misdemeanor enforcement of Chapter 12.18, staff recommends that the City Council introduce an ordinance amending Chapter 12.18 to include a section that specifies that a violation of that chapter shall be a misdemeanor or infraction. Staff further recommends the adoption of an urgency ordinance to make the amendments effective immediately for the preservation of public peace, health and safety. (Report - Vincent C. Ewing, City Attorney) Recommendation : 1. That the City Council review and adopt by 4/5th vote, the attached Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION - by reading in its entirety
2. 2. That the City Council introduce and waive first reading of the attached Ordinance entitled:
AN ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION
5.1. Staff Report
5.1. CONSIDERATION OF INTRODUCTION OF AN ORDINANCE AND ADOPTION OF AN URGENCY ORDINANCE AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATION OF CHAPTER 12.18 IS PUNISHABLE AS A MISDEMEANOR OR INFRACTION The City's current park rules and regulations, as codified in the City of Chico Municipal Code, Chapter 12.18 ("Chapter 12.18"), do not specify whether a violation hereof shall be a misdemeanor or infraction. However, the original intent in enacting Chapter 12.18 was to be able to enforce the similar anti-camping provisions within the City of Chico Municipal Code, Title 12R, as misdemeanors.
To enable misdemeanor enforcement of Chapter 12.18, staff recommends that the City Council introduce an ordinance amending Chapter 12.18 to include a section that specifies that a violation of that chapter shall be a misdemeanor or infraction. Staff further recommends the adoption of an urgency ordinance to make the amendments effective immediately for the preservation of public peace, health and safety. (Report - Vincent C. Ewing, City Attorney)
Recommendation : 1. That the City Council review and adopt by 4/5th vote, the attached Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION - by reading in its entirety
2. 2. That the City Council introduce and waive first reading of the attached Ordinance entitled:
AN ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION
5.2. CONFIRMATION OF APPOINTMENT OF COUNCILMEMBERS TO COMMITTEES AND OTHER AGENCIES AND ORGANIZATIONS - Amended at meeting
Appointments of Councilmembers to Committees and other agencies and organizations as recommended by the Mayor. (Andrew Coolidge, Mayor) Recommendation : The City Clerk recommends Council confirmation of Mayor Coolidge's 2022 Council appointments with the term of each appointment being for two years.
5.2. Staff Report
5.3. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1
An amendment to the City of Chico’s 2022-23 Fiscal Year Budget Appendix B-1, modifying the pay scale allocations within the Chico Management Employees bargaining unit, specific to Engineering positions. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : Approve Budget Appendix B-1 as submitted.
5.3. Staff Report
5.4. CONFIRMATION OF AMENDED CONTRACT FOR DEPUTY DIRECTOR - COMMUNITY DEVELOPMENT/BUILDING OFFICIAL 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 amended employment agreement for the Deputy Director - Community Development/Building Official (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : A. In compliance with Government Code Section 54953(c)(3), the City Manager shall first orally report a summary of the recommendation for final action related to the Deputy Director - Community Development/Building Official employment agreement as follows: "The City Manager is proposing to enter into an amended employment agreement with Dale Fletcher as the Deputy Director - Community Development/Building Official.
B. The City Manager recommends Council Confirmation of the amended employment agreement of Dale Fletcher as Deputy Director - Community Development/Building Official.
5.4. Staff Report
5.5. 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. SUNSHINING OF DRAFT MOU - CHICO FIRE MANAGEMENT EMPLOYEES (CFME) - 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 CFME. 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 January 17, 2023. (Chelsea Phebus, Director of Human Resources & Risk Management)
6.2. Staff Report
6.3. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers may verbally request an item to be agendized at a future meeting. After stating what the item would be, a majority vote of Council is needed in order for staff to agendize. Councilmembers may also submit requests in writing.
7. ADJOURNMENT - Adjourn to the City Council Closed Session meeting on January 17, 2023, at 5:30 p.m., followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Closed Session Meeting Agenda - January 3, 2023 at 5:00 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
1/3/23 Closed Session Agenda
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL
2. CLOSED SESSION AGENDA - Members of the public may address the Council at this time on any item on the Closed Session agenda, with comments being limited to three minutes or as determined by the Mayor based on the number of speakers.
2.1. 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
2.2. 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
2.3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC - Eastern District, Case No.: 2:18-CV-KJM-DMC: Grace Dwyer v. City of Chico, et al
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. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA
3. ADJOURNMENT - The meeting will adjourn to the Regular City Council Meeting on January 3, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.