ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - January 3, 2023 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
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
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
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:
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - No action was taken; direction was provided.
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
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 - Update provided; no action taken.
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 - No action was taken; direction was provided.
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 - No action was taken; direction was provided.
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 Morgan to approve the Consent Agenda, as read.
January 3, 2023 City Council Minutes Page /1
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. ORDINANCE NO. 2580 - 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. (Councilmember van Overbeek recused himself on this item due to owning property in the area being discussed.)
2.2. RESOLUTION NO. 01-23 - 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 NO. 02-23 - 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 NO. 03-23 - 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 NO. 04-23 - 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 NO. 05-23 - 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
2.3. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 11/1/22 AND 11/15/22
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on natters not already listed on the agenda. The Council was prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were Katie Posey, Nancy Park, Patrick Newman, and Jesica Giannola.
4. PUBLIC HEARINGS
4.1. VALLEY'S EDGE SPECIFIC PLAN ADOPTION (CHICO LAND INVESTMENT, LLC) January 3, 2023 City Council Minutes Page|2
The City Council conducted a public hearing regarding a proposed specific plan and related Road, and Honey Run Road, with access from East 20th Street and Skyway Road, identified by 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.
Ex Parte Announcements
Councilmembers Morgan, Bennett, Morgan, Tandon, Winslow, Vice Mayor Reynolds, and Mayor Coolidge announced they had either toured the property or spoke directly with Bill Brouhard in person or by phone. Councilmember Morgan also announced he had also met with Jim Stevens.
Following the staff report, the Council recessed at 7:31 p.m. for a 15-minute break. The meeting was reconvened, and all members were present, except for Councilmember van Overbeek who was disqualified on this item.
Mayor Coolidge opened the hearing to the public.
Bill Brouhard, the applicant first addressed the Council.
Additional speakers included Caitlin Dalby, Keith Doglio, Elizabeth Deveraux, Jacquelyn Chase, Tyler Schrock, Jeanne Thatcher, Jake Morley, David Welch, Bill Monroe, Brandon Slater, Brad Johnson, Annabel Grimm, Steve Depa, Nancy Park, Carl Henker, Austin Barron, Kim Hawley, Mary Kay Benson, Rob Berry, Derrick Sanderson, Nancy Praizler, Christine Mueller, Jim Stevens, Alora Flucard, Carol Serrano, Jerry Olio, Susan Tchudi, Nancy McCune, Sarah Salisbury, Eric Nilson, Jared Geizer, Maggie Scarpa, Noah Zoppi, Anthony Nicosia, Beth Sisk, Steven Cismowski, Johnathan Richman, Charles Husome, Nick Bratton, Brent Silberbauer, Allen Harthorn, Karen Laslo, Suzanne Bresina-Hutton, Chuck Nadeau, Betty Nopel, Jesica Giannola, Jeanne Christopherson, Sherri Scott, Sara Salsberry, Patrick Newman, Emily Alma, Valerie Reddermann, Roxanne Barish, Phaedra Merrill, Ginger Vogel, Kimberlee Michl-Green, Viki, Lindsay Steinberg, and Robert Meline.
The Council recessed at 8:28 p.m. for a 15-minute break. The meeting was reconvened, and all members were present, except for Councilmember van Overbeek who was disqualified on this matter and had left the Chamber.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt the following resolutions and introduce the ordinances by reading of title only RESOLUTION NO. 06-23 - 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 NO. 07-23 - 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 January 3, 2023 City Council Minutes Page|3
RESOLUTION 08-23 - 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 - Introductory Reading 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 - Introductory Reading
RESOLUTION NO. 09-23 - 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 - Introductory Reading
A substitute motion was made by Councilmember Winslow to first have the developer work with BCAG to identify and secure additional transit options. The substitute motion died for a lack of a second.
The original motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, Reynolds, Coolidge
NOES: Winslow
DISQ: van Overbeek
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 recommended 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 recommended 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) Addressing the Council were Rob Berry, Jesica Giannola, and Patrick Newman.
A motion was made by Councilmember Morgan and seconded by Councilmember Bennett to adopt by 4/5th vote, the following Urgency Ordinance, after the City Clerk read it in its entirety into the record:
ORDINANCE NO. 2581 - 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 — after being read into the record.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
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A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to also introduce and waive first reading of the attached ordinance entitled:
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 - Introductory Reading by Title Only The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to set aside the rules to continue the meeting past 10:00 p.m.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
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, including the amendments requested by the Mayor. (Andrew Coolidge, Mayor)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to confirm Mayor Coolidge's 2022 Council appointments with the term of each appointment being for two years.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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
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 was presented with the amended employment agreement for the Deputy Director - Community Development/Building Official (Report - Chelsea Phebus, Director of Human Resources & Risk Management) A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to the amended employment agreement of Dale Fletcher as Deputy Director - Community Development/Building Official.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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5.5. ITEMS ADDED AFTER THE POSTING OF THE AGENDA
REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for the Council's information. No action could be taken on items under this section unless the Council agreed 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 vas provided a draft copy of the Memorandum of Understanding applicable to the CFME. Thi nitiates the two week "sunshining" period for Council and community members to review the dra 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)
6.3. COUNCILMEMBER REQUESTS - None
7. ADJOURNMENT - Adjourned at 10:21 p.m. 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.
Date Approved: /drp 3/7/23
brank tosse
Deborah R. Presson, MMC, City Clerk
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Closed Session Meeting Agenda - January 3, 2023 at 5:00 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All Members were present
2. CLOSED SESSION AGENDA - No Speakers & No Council Disqualifications
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)) Chico Police Managemen, Chic Frie oles solion Co are ,, Confidentials, International Association of Fire Fighters, Service Employees International Union - Trades & Crafts, Stationary Engineers Local 39, United Public Employees of California - Local 792 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
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 - None ADJOURNMENT - The meeting adjourned at 5:27 p.m. to the Regular City Council Meeting on January 3, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 3/7/23
Nican Messen
Deborah R. Presson, MMC, City Clerk
January 3, 2023 City Council Minutes Page|7