ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - January 17, 2023 Minutes
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the January 17, 2023 - Adjourned Regular meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Police Chaplain, JD Juarez
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 17, 2023 Closed Session Announcement
The City Attorney announced that Council met with staff in Closed Session on the following items:
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - No action 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
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 - No action taken; update was provided.
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 - 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 - Update was provided.
2.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(d) (2): Renewed Demand for Confidential Personnel Police Records under the California Public Records Act (Gov. Code Sec. 7920.000, et seq.; formerly Gov. Code Sec. 6250, et seq.) - Update was provided.
1.7. Proclamation - Dino Corbin, 50 Years of Service
1.8. Presentation - Jesus Center, Amber Abney-Bass
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
Councilmember van Overbeek announced that he was disqualified from participating on Item 2.1. due to his residence being within 500 ft. of the area being discussed.
January 17, 2023 City Council Minutes Page/1
Addressing the Council on the Consent Agenda were James Hutchinson, Nancy Park, Nichole Nava, Grace Marvin, Peg Howard, Patrick Newman, Nancy McCune, Jesica Giannola, Blake Ellis, and Richard Harriman.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read, with Councilmember van Overbeek disqualified on item 2.1. due to his residence being within 500 ft. of the proposed development.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
2.1. ORDINANCE NO. 2582 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO
AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA - Final reading and adoption by reading of title only ORDINANCE NO.2583 - 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 - Final reading and adoption by reading of title only
ORDINANCE NO.2584 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO LAND INVESTMENTS, LLC - Final reading and adoption by reading of title only This item was removed from the Consent Agenda and acted on separately. Councilmember van Overbeek also recused himself from this item due to owning property within 500 ft. of the area being discussed.
On 01/03/2023, the City Council conducted a public hearing and introduced ordinances that would:
(1) amend the pre-zoning of the subject site consistent with the VESP, (2) amend the municipal code to add a zoning overlay that would implement the VESP, and (3) approve Development Agreement 22-01, between the City of Chico and Chico Land Investments, LLC, regarding development of the VESP. The 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. (Mike Sawley, Principal Planner)
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt the following ordinances:
ORDINANCE NO. 2582 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO
AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA - Final reading and adoption by reading of title only ORDINANCE NO. 2583 - 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 - Final reading and adoption by reading of title ORDINANCE NO. 2584 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO AND INVESTMENTS, LLC - Final reading and adoption by reading of title only The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, Reynolds, Coolidge
NOES: Winslow
DISQ: van Overbeek
January 17, 2023 City Council Minutes Page /2
2.2. ORDINANCE NO. 2585- 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 - Final rcading and adoption by reading of title only
2.3. RESOLUTION NO. 10-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING
ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM
CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 1316 NORD AVENUE - ASSESSOR'S PARCEL NO. 043-200-004 (Petition from property owner Islamic Center of Chico, Inc. by Ahmed Abouesh) Adopted a resolution authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Leigh Ann Sutton, Public Works Director -Engineering)
2.4. RESOLUTION NO. 11-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE
PORTIONS OF THE BRICE AVENUE AND LA VISTA WAY PUBLIC RIGHT-OF-WAY Adopted a resolution of intention to abandon and vacate a portion of Brice Avenue and La Vista Way public right-of-way as shown on the map entitled "College Terrace" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at page 5 and on the map entitled "College Park" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at pages 32-
33. The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. (Leigh Ann Sutton, Public Works Director - Engineering)
2.5. RESOLUTION NO. 12-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE
PORTIONS OF THE CHESTNUT STREET PUBLIC RIGHT-OF-WAY AND ADJACENT ALLEYS/PUBLIC UTILITY EASEMENTS IN BLOCK 19 OF THE MAP ENTITLED "BARBER FIRST ADDITION TO CITY OF CHICO"
Adopted a resolution of intention to abandon and vacate portions of the Chestnut Street public right- of-way and adjacent alley/public utility easements in Block 19 of the entitled "Barber First Addition to the City of Chico." The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. (Leigh Ann Sutton, Public Works Director - Engineering)
2.6. RESOLUTION NO. 13-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO,
CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS
Adopted a resolution implementing a revised records retention schedule. The City is in the process management program. An upgrade in the existing program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, and take advantage of current technology and changes in law. (Deborah R. Presson, City Clerk & Elections Official)
2.7. RESOLUTION NO. 14-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO,
CALIFORNIA, RESCINDING THE LOCAL EMERGENCY DECLARED BY THE CITY OF CHICO DUE TO THE OUTBREAK OF COVID-19 AND RESCINDING RESOLUTIONS THAT DECLARED THE LOCAL EMERGENCY (RESOLUTION NOS. 7-20, 20-20, AND 41-20) Adopted a resolution rescinding the COVID Local Emergency. The City Council declared a Local Emergency due to the outbreak of COVID-19 on March 25, 2020. The Council passed a motion to rescind the COVID-19 local emergency on October 4, 2022. The Council is memorializing the recission through the adoption of a resolution. (Jennifer Macarthy, Deputy City Manager) January 17, 2023 City Council Minutes Page /3
2.8. AUDIT REPORT OF CITY FINANCIAL STATEMENTS - REQUEST FOR EXTENSION The completion of the audit of the City of Chico's Financial Statements has been delayed due to new reporting requirements and staffing levels. The Administrative Services Director requested an extension to present the audit report to March 7, 2023. (Barbara Martin, Administrative Services Director)
2.9. APPROVAL OF CITY COUNCIL MEETING MINUTES OF 12/6/22
2.10. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.1.
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 was prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were James Hutchinson, Paula Hare, Nancy Park, Nichole Nava, Dave Bradburn, Patrick Newman, and Jesica Giannola.
The Council recessed at 7:33 p.m. for a ten-minute break. The meeting was reconvened, and all members were present.
4. PUBLIC HEARINGS
4.1. CONSIDERATION OF A RESOLUTION AMENDING EXHIBIT "4" OF THE CITY FEE SCHEDULE
50.050 - SEWER SERVICE RATES
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 funding for both the Water Pollution Control Plant (WPCP) and collection system have become concerning for staff which triggered a broad and full sewer analysis to study all aspects of the sewer utility over the last several years. Both the Finance Committee and City Council have reviewed and discussed recommendations, with Council approving a new rate schedule at the September 6, 2022 meeting. This was the final public hearing to satisfy Proposition 218 requirements and if passed, will allow the City to adopt the new rate schedule. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance)
Mayor Coolidge opened the hearing to the public. Addressing the Council were Pam Makin, June Carhart, Sylvia Brock, Clint DeKnikker, Robert Greenway, and Bob Mulholland. The hearing was closed to further comment.
The City Clerk announced that only 115 protests had been received so the sewer rate increases could therefore be enacted.
A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to adopt the following resolution approving the new sewer service rates:
RESOLUTION NO. 15-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING EXHIBIT "4" OF THE CITY FEE SCHEDULE 50.050 - SEWER SERVICE RATES (AMENDMENT NO.348)
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
January 17, 2023 City Council Minutes Page/4
5. REGULAR AGENDA
5.1. FINANCE COMMITTEE RECOMMENDATION - DOWNTOWN CHICO BUSINESS ASSOCIATION
FUNDING REQUEST
At its meeting of 10/26/22, the Finance Committee considered a proposal from the Downtown Chico Business Association requesting financial support from the City of Chico over the next three years totaling $422,400. (Report - Councilmember Morgan, Chair of the Finance Committee) Addressing the Council on this was Greg Scott from the DCBA and business owner Will Brady.
A motion was made by Councilmember Morgan and seconded by Councilmember van Overbeek to approve $422,000 over the course of three-years, with DCBA to come back at 6-months, 9-months and one year, in order to report out on goals and objectives, outline initiatives that are underway; identify changes that have been made to the organization; and finally, what the funds are being spent on. Councilmember Tandon asked for a friendly amendment to also require a report out to the Council at 18 & 24 months. That amendment was accepted.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Coolidge
NOES: Winslow
DISQ: Reynolds
The Council recessed at 9:18 p.m. for a 15-minute break. The meeting was reconvened, and all members were present.
5.2. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - CHICO FIRE MANAGEMENT
EMPLOYEES (CFME)
A resolution which modified the pay and benefit provisions applicable to the Chico Fire Management Employees (CFME), resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 16-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND
CHICO FIRE MANAGEMENT EMPLOYEES (CFME) REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2022 THROUGH The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.3. CONSIDERATION OF A SHOP LOCAL CAMPAIGN
This report provided an overview of the creation of a Shop Local campaign, focusing on business alocation of one time American Rescue Fan Act funds. Repor enter acanty, Deputy rey Manager)
January 17, 2023 City Council Minutes Page/5
A motion was made by Mayor Coolidge and seconded by Councilmember Tandon to approve 1) the outline of the proposed Shop Local Campaign; and 2) the reallocation of $200,000 in funding from the Downtown Sidewalk Project to the Shop Local Campaign.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.4. COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN ZONES IN THE DOWNTOWN At its meeting of 12/6/22, Council voted to agendize a request from Councilmember van Overbeek to discuss pedestrian zones to increase the vitality of downtown by increasing pedestrian traffic.
Addressing the Council were Greg Scott, Nichole Nava, Josh Marks, and Jon Scott.
A motion was made by Councilmember Tandon and seconded by Councilmember Winslow to refer this item to Internal Affairs Committee for discussion with staff.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.5. COUNCILMEMBER VAN OVERBEEK REQUEST - DIAGONAL PARKING ON SALEM STREET, BROADWAY, AND MAIN STREETS - This item was continued to the next meeting.
At its meeting of 12/6/22, Council voted to agendize a request from Councilmember van Overbeek to discuss the implementation of diagonal parking on Salem Street, Broadway, and Main Street between 1st and 9th Streets.
5.6. ITEMS ADDED AFTER THE POSTING OF THE AGENDA
6. 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. 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.
A. COUNCILMEMBER TANDON REQUEST - FUNDING BUTTE COUNTY LIBRARY CHICO BRANCH
Councilmember Tandon submitted a request to agendize a discussion regarding City funding to keep the Chico Branch of the Butte County Library open.
A motion was made by Councilmember Tandon and seconded by Councilmember Bennett to agendize Councilmember Tandon's request for a discussion regarding City funding to keep the Chico Branch of the Butte County Library open.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
January 17, 2023 City Council Minutes Pagel6
ADJOURNMENT - Adjourned at 10:04 p.m. to the City Council Closed Session meeting on February 7, 2023, 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 3/7/23
Netrane fussen
Deborah R. Presson, MMC, City Clerk
January 17, 2023 City Council Minutes Page |7
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Minutes
January 17, 2023
Chico munt Man sies, Chles, Co Room 2
CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All members were present.
2. CLOSED SESSION AGENDA
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. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(d)(2): Renewed Demand for Confidential Personnel Police Records under the California Public Records Act (Gov. Code Sec. 7920.000, et seq.; formerly Gov. Code Sec. 6250, et seq.)
2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA- None
3. ADJOURNMENT - Closed Session adjourned to the Adjourned Regular City Council Meeting on January 17, 2023, at 5:45 p.m. in the Council Chamber, 421 Main Street, Chico, CA Date Approved: drp 3/7/23
Netrate Pression
Deborah R. Presson, MMC, City Clerk
January 17, 2023 City Council Minutes Page/ 8