ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - February 7, 2023 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the February 7, 2023 - Regular Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Carol Raner, Christian Science Church Moment of Silence - In Honor of Howard Slater
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. February 7, 2023 Closed Session Announcement
City Attorney Ewing announced that Council met in Closed Session with staff regarding the following items:
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
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 - This item was not discussed.
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 - 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 sea.) - No action was taken; update was provided.
2.6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case) - This item was not discussed.
1.7. Presentation - Arts & Culture Grant Award Program Presentation
2. CONSENT AGENDA
February 7, 2023 City Council Minutes Page/ 1
Councilmember van Overbeek recused himself on Item 2.3. as this item pertained to a transfer of his original grant of license.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the Consent Agenda, as read, with Councilmember van Overbeek recusing himself on Item 2.3.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. AUTHORIZATION FOR THE CITY MANAGER TO DONATE SURPLUS WILDLAND FIRE
EQUIPMENT AND SURPLUS FIRE HOSE TO BUTTE-GLENN COMMUNITY COLLEGE DISTRICT TO SUPPORT ITS FIREFIGHTER 1 FIRE ACADEMY
Approve a minute order declaring a cache of wildland fire equipment and various lengths of fire hose as surplus property and authorizing the City Manager to donate the items to Butte-Glenn Community College District. (Steve Standridge, Fire Chief)
2.2. RESOLUTION NO. 17-23 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DONATION CONVEYANCE AGREEMENT AND ANY RELATED
DOCUMENTS IN CONNECTION WITH THE CONVEYANCE OF REAL PROPERTY LOCATED AT 196 MEMORIAL WAY (PORTION OF APN 003-180-022) - COUNTY OF BUTTE, A POLITICAL
SUBDIVISION OF THE STATE OF CALIFORNIA
Adopted a resolution authorizing the City Manager to execute the Donation Conveyance Agreement and any related documents necessary to acquire real property to construct the Esplanade Corridor Safety and Accessibility Project. (Leigh Ann Sutton, Public Works Director-Engineering)
2.3. RESOLUTION NO. 18-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO CHUCK TATREAU CONSTRUCTION, INC. FOR
ENCROACHMENT ON CITY PROPERTY (CORNER OF HUMBOLDT ROAD AND FOREST AVENUE - APN 002-120-001 (PORTION)) - Councilmember van Overbeek disqualified himself from participating on this item due to the original grant of license was being transferred from van Overbeek to Chuck Tatreau Construction, Inc.
Adopted a resolution approving a Grant of License to Chuck Tatreau Construction, Inc. for encroachment on City property that has been previously granted to Humboldt, LLC to allow for vehicle parking affiliated with the adjacent housing complex. (Leigh Ann Sutton, Public Works Director- Engineering)
2.4. RESOLUTION NO. 19-23 - RESOLUTON OF THE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE RIGHT OF WAY CONTRACT - STATE HIGHWAY AND ANY
RELATED DOCUMENTS IN CONNECTION WITH THE CONVEYANCE CITY OF REAL PROPERTY LOCATED AT 1500 WEST 8TH AVENUE (PORTION OF APN 042-690-041) - CITY
OF CHICO
Adopted a resolution authorizing the City Manager to execute the Right-of-Way contract and any related documents necessary to convey real property to California Department of Transportation. (Leiah Ann Sutton, Public Works Director-Engineering)
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2.5. CONSIDERATION OF GRANT PROPOSAL SUBMITTAL - EMPLOYEE DEVELOPMENT
DEPARTMENT, ECONOMIC DEVELOPMENT PILOT
The Employee Development Department's CERF program issued a Notice of Availability of Funds for the Economic Development Pilot Program (EDP) Year (PY) 2022-23. EDP will fund proposals that align with CERF's objectives. The program is in alignment with existing City Fiber Utility operations. The Council was being requested to approve a proposal submittal in the amount of $2,500,000. (Josh Marquis, Deputy Director - Information Systems)
2.6. 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 was prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were Yolanda Niderost, Marlon Wade Davis, Loretta Torres, Margaret Swick, Lynne Bellante, Omsher Singh, Nichole Nava, Jeremiah Black, Becka Tuitele, Joey Tanson, and Tonya Robinson.
It was noted for the record that Councilmember Morgan left the meeting around 6:30 p.m.
4. PUBLIC HEARINGS
4.1. APPEAL OF VARIANCE APPLICATION 21-01 (VAR 21-01)
On December 13, 2022, the Zoning Administrator held a public hearing, considered public comments, and approved a request for a variance (VAR 21-01) to reduce the off-street parking and rear yard setback requirements to allow for the construction of a new single-family residence and attached accessory dwelling unit (ADU) on a 1,950 square foot residential lot. The new building would be a two-story structure with a footprint of 918 square feet. Adjacent property owners have appealed that decision to the City Council, citing objections related to the analysis and justification provided by staff for the required findings of approval A, B, D and E. (Report - Kelly Murphy, Senior Planner, Community Development Department)
Mayor Coolidge opened the hearing to the public. The appellants were David Simmen, Ken Erickson, and Jennifer Spangler. Ryan Bechold also addressed the Council.
Exparte Communications - Councilmember Winslow announced he spoke with both the appellants and the builder.
A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to deny the appeal and uphold the Zoning Administrator's approval, effectively approving the Variance (VAR 21-01) by adoption of the following resolution:
RESOLUTION NO. 20-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
DENYING AN APPEAL AND UPHOLDING THE ZONING ADMINISTRATOR'S APPROVAL OF VARIANCE 21-01 (BECHHOLD)
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Coolidge
NOES: Reynolds
ABSENT: Morgan
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The Council recessed at 7:20 p.m. for a fifteen-minute break. The meeting was reconvened, and all members were present except for Councilmember Morgan who was absent.
5. REGULAR AGENDA
5.1. COUNCILMEMBER VAN OVERBEEK REQUEST - DIAGONAL PARKING ON SALEM STREET, BROADWAY, AND MAIN STREETS - Continued from 1/17/23 Council 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.
Councilmember van Overbeek explained his request which he now felt should be broadened since there were additional items that should be addressed during the review of the downtown circulation based on new State requirements for a dedicated bike lane and since the roads will be need to reconstructed due to necessary sewer lines needing to be replaced. He also stated for the record that the City Attorney had asked him to recuse himself on this item due to owning property in the area being discussed however, he decided to move forward with his request including his participation in the discussion.
Addressing the Council on this item were LaDona Knigge, Nichole Nava, and Travis Thornberry.
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to handing this item off to Engineering in order for staff to come back with options that will cover all issues related to the right of way, includes public input as well as different concepts that DCBA might have. With that information, staff will develop ROW design alternatives for the Downtown Core balancing needs for traffic flow, traffic calming, parking, sidewalk uses, and bike lanes. This effort will need to be coordinated with the pipeline replacement program to leverage sewer funding, along with coordination with the ATP plan to leverage grant funding.
A friendly amendment was requested by Councilmember Winslow to prioritize traffic calming before traffic flow in order to maintain balance. That amendment was accepted.
A substitute motion was made by Councilmember van Overbeek to refer this item to the Internal Affairs Committee to solicit public input. The motion died for a lack of a second.
The original motion, including the amendment to the motion, then carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES:
ABSENT: Morgan
5.2. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 and B-3 An amendment to the City of Chico's 2022/23 Fiscal Year Budget Appendix B-1 and B-3, modifying the position allocations for the Human Resources & Risk Management Department and Public Works - Operations and Maintenance. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve Budget Appendix B-1 and B-3 as submitted.
February 7, 2023 City Council Minutes Pagel4
The motion carried by the following vote:
AYES Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
5.3. REVIEW OF BOARD AND COMMISSIONS & BIENNIAL RECRUITMENT UPDATE At this meeting, the Council was provided with an overview of the City's current six advisory bodies. It has been some time since a comprehensive review has been conducted, and staff thought such a review could help serve as the foundation for when the Council appoints its new commission members later this month. The Biennial Recruitment was held at the end of 2022, with the City receiving 41 applications which, after review, resulted in 38 citizens meeting all the criteria set forth for appointment. However, it should be noted that 5 of the qualified applicants did apply for more than one advisory body and the number of seats needing to be filled is 22. The Council may also choose to reopen the recruitment period as there are several board or commissions where just a minimum number of applications have been received.
This past year has marked a period of transition and change for the City. Staff continuously works to review services being provided, procedures and processes used to provide the service(s) and to develop new ideas that might free up limited resources. Therefore, in keeping with staff's commitment to ensure that the City's advisory bodies support the current needs of Council and the community, this analysis was provided for Council's discussion. (Report - Deborah R. Presson, City Clerk & Elections Official)
Monica McDaniel and Erin Wade addressed the Council on this item.
A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to direct staff to: (1) re-open the recruitment for additional applicants for the Airport Commission, ARHPB, and for the Climate Action Commission; (2) come back with possible modifications related to amending the frequency of meetings for the BPPC and Climate Action Commission; (3) provide a draft policy statement limiting commissioner's abilities to agendize their own requests; and (4) schedule the interviews for the Arts Commission, Planning Commission, and Bidwell Park and Playground Commission at the February 21, 2023 meeting. Councilmember van Overbeek requested a friendly amendment to analyze the possible consolidation of the ARHPB duties in with the Planning Commission. That amendment was accepted
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Morgan
5.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
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. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
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 would be needed in order for staff to agendize. Councilmembers may also submit requests in writing.
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Councilmember Tandon - Hybrid/Zoom Meetings (No action taken on this item.) Councilmember Tandon requested a report to be brought back by the City Clerk addressing the ability of conducting Zoom/Hybrid Council meetings. City Attorney Ewing stated that there have been changes to the rules regarding Zoom meetings and that his office would be reviewing the changes and will provide an update to the City Council. The Council did not vote to agendize the discussion.
7. ADJOURNMENT - Adjourned at 9:06 p.m. to the City Council Closed Session meeting on February 21, 2023, at 5:00 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: 3/7/23 drp
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Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
February 7, 2023
5:00 p.m.
CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL
2. CLOSED SESSION AGENDA - Nichole Nava addressed the Council on Closed Session Item 2.4.
There were no Council disqualifications and Council recessed to Closed Session at 5:06 p.m.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 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. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
2.7. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - Closed Session adjourned at 5:37 p.m. to the Regular City Council Meeting on February 7, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: 3/7/23 drp
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Deborah R. Presson, MMC, City Clerk
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