ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 4, 2023 Minutes
1.1. REGULAR CITY COUNCIL MEETING
1.2. Call to Order - Mayor Coolidge called the April 4, 2023 City Council meeting to order at 6:00 p.m.
1.3. Invocation - Pastor Cherise Gardner, Chico Adventist Church
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Coolidge
Absent: Reynolds
1.6. April 4, 2023, Closed Session Announcement
City Attorney Ewing announced that Council met in Closed Session with staff on the following items, with Council to continue the evaluations during breaks throughout the meeting:
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)) & Chelsea Phebus, Human Resources Director
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 REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8. - No action was taken; direction was provided.
Agency Negotiator: Mark Sorensen, City Manager
Property Owner: Successor Agency to Former Chico Redevelopment Agency Party negotiating with: Successor Agency to Former Chico Redevelopment Agency Properties: 002-180-087, 002-180-088, 002-180-089, and 002-180-095 Under Negotiation: Price and Terms of Payment
2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title:
City Attorney, City Clerk, City Manager - No action was taken; direction was provided, and this item was continued to be discussed in several breaks that were held throughout the meeting.
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. - No action was taken; direction was provided.
2.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(a): BCSC Case No. 23CV00376. Sierra Club, et al v. City of Chico - No action was taken; direction was provided. - No action was taken; direction was provided.
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 - No action was taken; direction was provided.
2.7. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(a): USDC, (ED) Ninth Circuit: 21-16929; EDCA: 2:19-CV-00007-MCE-CKD:
Duarte v. City of Stockton, et al.; 60 F.4th 566, No. 21-16929 (9th Cir. Feb. 16, 2023). - No action was taken; direction was provided.
April 4, 2023 City Council Minutes Page|1
2. CONSENT AGENDA
Addressing the Consent Agenda was Sisaric Sherry.
A motion was made by Councilmember Winslow and seconded by Councilmember Tandon to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Coolidge NOES: None
ABSENT: Reynolds
2.1. ORDINANCE NO. 2586 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTER 14.70 OF THE CHICO MUNICIPAL CODE TO REGULATE THE USE OF PUBLIC RIGHT-OF-WAY FOR OPERATION OF OUTDOOR CAFES - Final reading and adoption, by reading of title only
Adopted an ordinance amending the Chico Municipal Code to further regulate outdoor cafes in the public right-of-way to allow for expanded participation, and to evaluate the Outdoor Café process for efficiency opportunities. (Jennifer Macarthy, Deputy City Manager)
2.2. RESOLUTION NO. 26-23 - 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 - 1153 FILBERT AVENUE - ASSESSOR'S PARCEL NO. 045-260-011 (Petition from property owner Cindy E. Towner)
RESOLUTION NO. 27-23 - 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 - 1925 MANZANITA AVENUE - ASSESSOR'S PARCEL NO. 045-412-064 (Petition from property owners Holly Kralj and Eric Allen Berg)
Adopted resolutions authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Public Works - Engineering)
2.3. RESOLUTION NO. 28-23 - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF CHICO INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY (HERITAGE LANDING APARTMENTS) TO CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A16; AND
THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023/24
Adopted a resolution of intention to modify an existing maintenance district to include the residential and development identified as Heritage Landing Apartments within the boundary of the Maintenance District. The new development to be added will use and derive the same benefits and will pay their fair share of special benefit costs associated with the ongoing annual maintenance of the improvements that are to be levied and collected through the District. (Public Works - Engineering)
2.4. 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 allocation for Code Enforcement Supervisor within the United Public Employees, California, Local 792 bargaining unit. (Chelsea Phebus, Director of Human Resources & Risk Management) April 4, 2023 City Council Minutes Page /2
2.5. APPROVAL OF LEASE AGREEMENT AMENDMENT WITH CHICO HISTORY MUSEUM The current lease between the City of Chico and the Chico History Museum commenced on April 18, 2018, with a termination date of April 17, 2023. The Chico History Museum requested to extend the current lease agreement with the City to continue to operate and maintain a museum on City property, which is of general public benefit. Approval would authorize the City Manager to execute an amendment to the lease agreement to extend the lease for a five (5) year term, with the option for an additional five (5) year extension thereafter, by and between the City of Chico and Chico History Museum. (Angie Dilg, Management Analyst)
2.6. RESOLUTION NO. 29-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO
AUTHORIZING A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION CLEAN CALIFORNIA LOCAL GRANT PROGRAM
Adopted a resolution authorizing an application to the Clean California Local Grant Program requesting $3 million for landscaping and other improvements to the Park Avenue corridor. The application also includes replacing "The Plow" art piece and a new gateway arch over Meyers Street. (Erik Gustafson, Public Works Director-Operations & Maintenance.)
2.7. 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.
Addressing the Council were James Hutchinson, Rebecca Geiser, Nichole Nava, G. Gold, Sisarie Sherry, Jesica Giannola, and Jared Geiser.
4. PUBLIC HEARINGS
4.1. HEARING TO CONSIDER THE 2023-2024 DRAFT ANNUAL ACTION PLAN FOR THE USE OF
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP GRANT (HOME) FUNDS
The City receives an annual award of community development and housing funds from the Federal Department of Housing and Urban Development (HUD). Each year, the City must submit an Annual Action Plan (AAP) to HUD describing the City's plans for using these funds in the upcoming year. (Report - MaryJo Alonzo, Housing Program Analyst) Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
Council asked staff to bring back information pertaining to the process used for the selection of grant recipients.
REGULAR AGENDA
5.1. VALLEY'S EDGE REFERENDUM ON RESOLUTION 08-23 AND REFERENDUM ON RESOLUTION 09-23
At this meeting, the Council considered the certification of sufficiency of signatures for the referendum on Resolution 08-23 related to the Valley's Edge general plan amendment and the referendum on Resolution 09-23 approving the Valley's Edge Specific Plan. The Butte County Elections Division notified the City on March 20, 2023, that their review of the signatures was complete and deemed April 4, 2023 City Council Minutes Page|3
Council considered its options related to the referendum process and was asked to provide direction to staff, which could include: (1) repeal of the original resolutions; or (2) call for an election to be held not less than 88 days from the date the resolution calling for the election is adopted and not later than the City of Chico's next regular municipal election in November 2024. (Report - Deborah R.
Presson, City Clerk & Elections Official)
Councilmember van Overbeek recused himself from this item due to owning property within 500 ft. from the proposed project. He left the dais and the Chamber.
Addressing the Council were James Hutchinson, Loretta Torres, Gabrielle Broche, Jacquelyn Chase, Susan Tchudi, Pamela Posey, Ann Ponzio, Nichole Nava, Elizabeth Devereaux, Alicia Trider, Sisarie Sherry, Blake Ellis, Steve Depa, Dennis Eicholtz, Marty Dunlap, Jesica Giannola, Jared Geiser Emily Einspar, Gennesis Ospina, Eric Chisler, Lyle Hayden, Kimberley Michl, Bill Brouhard, and Julian Zenner.
A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to direct staff to come back with additional information related to potential costs for consolidation of the referendums in with the March Primary Election as well as to see how much change would be needed in order for the Valley's Edge Development to be considered a new project.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Coolidge NOES: None
ABSENT: Reynolds
DISQ: van Overbeek
Council recessed back into Closed Session to consider the evaluations of the City Manager, City Attorney, and City Clerk. The meeting was reconvened, and all members were present.
5.2. ASSEMBLY BILL 481 (AB 481) - ANNUAL MILITARY EQUIPMENT USE REPORT A Chico Police Department Annual Military Equipment Use Report had been prepared for the timeframe of April 18, 2022, through March 29, 2023. The report contains a summary of the purpose for Chico PD's military equipment, its usage, total annual costs, quantity possessed, quantity requested for future, as well as a summary of complaints, concerns, and any internal audits. (Report - Billy Aldridge, Chief of Police)
Addressing the Council were Ann Polivka, Diane Susuki, Nichole Nava, Blake Ellis, Alicia Trider, Sisarie Sherry, Chris Nelson, Marty Dunlap, Jesica Giannola, Shelby Herbert, and Julian Zener.
A motion was made by Councilmember Morgan and seconded by Councilmember van Overbeek to approve the renewal of the Chico City Council Ordinance No. 2576, the "Military Equipment Use Policy 709".
A substitute motion was made by Councilmember Tandon and seconded by Councilmember Winslow to wait to renew the ordinance until after the public hearing scheduled for April 27, 2023 The motion failed by the following vote:
AYES: Tandon, Winslow
NOES: Bennett, Morgan, van Overbeek, Coolidge
ABSENT: Reynolds
April 4, 2023 City Council Minutes Page/4
The original motion made by Councilmember Morgan and seconded by Councilmember van Overbeek to approve the renewal of the Chico City Council Ordinance No. 2576, the "Military Equipment Use Policy 709" carried by the following vote:
AYES: Bennett, Morgan, Tandon, Coolidge, van Overbeek
NOES:
ABSENT: Reynolds
5.3. COMMISSION INTERVIEWS FOR AIRPORT COMMISSION AND CLIMATE ACTION
COMMISSION POSITIONS
At this meeting the Council heard from citizens interested in serving on either the Airport Commission or Climate Action Commission. Please note that attendance by the applicants at this meeting was encouraged but not required in order to be considered for appointment. (Report - Deborah R.
Presson, City Clerk & Elections Official)
Addressing the Council were applicants Roger Efremsky, Loretta Torres, Bryce Goldstein, Jannika Kremer, Al Schademan, Geraldine Mahood, Katy Thoma, and Andrew Wilson.
A motion was made by Councilmember Morgan and seconded by Mayor Coolidge to adjourn the meeting at 10:01 p.m. and to continue the remaining items to the April 18, 2023 meeting.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Coolidge
NOES: Winslow
ABSENT: Reynolds
5.4. VICE MAYOR REYNOLDS REQUEST FOR RECONSIDERATION OF AN AGENDA ITEM PURSUANT TO AP&P 10-10 - COUNCIL RULES OF PROCEDURES - Continued to the April 18, 2023 meeting.
At its meeting of 3/21/23, the Council approved a request from Vice Mayor Reynolds for reconsideration of Agenda Item 5.2. heard at the 3/7/23 meeting related to the appointment of citizens to serve on the Planning Commission where she had been on the prevailing side of the vote. The reconsideration of a prior Council action is set forth in AP&P 10-10 Council Rules of Procedures. (Report - Deborah R. Presson, City Clerk & Elections Official)
5.5. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 12.18 AND 12R.04 OF THE
CHICO MUNICIPAL CODE TO ALLOW FOR ALCOHOLIC BEVERAGES IN CITY PLAZA - Continued to the April 18, 2023 meeting.
On March 7, 2023, the City Council directed staff to prepare amendments to the City of Chico Municipal Code to allow for events containing alcohol in the City Plaza if proper permits and approvals are obtained. The recommended code amendments accomplished this objective. (Report - Angie Dilg, Management Analyst)
5.6. CONSIDERATION OF THE URBAN FOREST MASTER PLAN - Continued to the April 18, 2023 meeting.
In September 2018, the city was awarded an Urban and Community Forestry Climate Change Investments (CCI) Grant from the California Department of Forestry and Fire Protection (CalFire). The grant award from CalFire was divided into four broad phases with the fourth and final phase requiring development and approval of an Urban Forest Master Plan (UFMP). The UFMP will serve as a roadmap and planning document to properly manage the urban forest and increase the tree canopy over the next several decades. (Report - Erik Gustafson, Public Works Director O&M) April 4, 2023 City Council Minutes Page |5
COUNCILMEMBER VAN OVERBEEK REQUEST - CHANGE REFERENCES TO DOWNTOWN
CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO HISTORIC DOWNTOWN CHICO - Continued to the April 18, 2023 meeting.
At its meeting of 3/7/23, the Council voted to agendize a request from Councilmember van Overbeek to discuss changing the references to Downtown Chico in Chico's public documents and signage to Historic Downtown Chico.
5.8. COUNCILMEMBER TANDON REQUEST - SB 43 AND 363 - Continued to the April 18, 2023 meeting.
At its meeting of 3/7/23, the Council voted to agendize a request from Councilmember Tandon to discuss a letter of endorsement/support of Senate Bills 43 and 363 to overhaul the state's behavioral health care system.
5.9. COUNCILMEMBER MORGAN REQUEST - AMENDMENTS TO AP&P 10-10 - Continued to the April 18, 2023 meeting.
At its meeting of 3/7/23, Council voted to agendize a request from Councilmember Morgan to discuss the City's Administrative Policy and Procedures (AP&P) 10-10 and how it refers to Councilmembers
5.10. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None REPORTS AND COMMUNICATIONS - All items were continued to the April 18, 2023 meeting.
6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Sorensen
6.2. COUNCILMEMBER REQUESTS
A. COUNCILMEMBER WINSLOW REQUEST - PRO HOUSING DESIGNATION Councilmember Winslow submitted a request to agendize a discussion regarding a pro-housing designation.
COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN WAY SIGNS FOR DOWNTOWN Councilmember van Overbeek submitted a request to agendize a discussion regarding pedestrian way signs for Downtown.
7. ADJOURNMENT - Adjourned at 10:02 p.m. to the City Council Closed Session meeting on April 18, 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: /drp 5/2/23
neak tressan
Deborah R. Presson, MMC, City Clerk
April 4, 2023 City Council Minutes Page|6
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
April 4, 2023
5:00 p.m.
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All members were present.
2. CLOSED SESSION AGENDA - There were no speakers nor any 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)) & Chelsea Phebus, Human Resources Director
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 REAL PROPERTY NEGOTIATOR: Pursuant to Gov. Code Sec. 54956.8.
Agency Negotiator: Mark Sorensen, City Manager
Property Owner: Successor Agency to Former Chico Redevelopment Agency Party negotiating with: Successor Agency to Former Chico Redevelopment Agency Properties: 002-180-087, 002-180-088, 002-180-089, and 002-180-095 Under Negotiation: Price and Terms of Payment
2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager
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 - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC Case No. 23CV00376. Sierra Club, et al v. City of Chico
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 Het al v. City of Chico, et al
2.7. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC, (ED) Ninth Circuit: 21-16929; EDCA: 2:19-CV-00007-MCE-CKD: Duarte v.
City of Stockton, et al.; 60 F.4th 566, No. 21-16929 (9th Cir. Feb. 16, 2023).
2.8. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting recessed at 5:58 p.m. to the Regular City Council Meeting on April 4, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA. and would later recess back into Closed Session in order to continue the evaluations of the City Manager, City Attorney, and City Clerk.
Date Approved: drp 5/2/23
Deborah R. Presson, MMC, City Clerk
April 4, 2023 City Council Minutes Page |7