REGULAR CHICO CITY COUNCIL MEETING April 18, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the April 18, 2023 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Chaplain Eileen Brownell
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. April 4, 2023 & April 18, 2023, Closed Session Announcement The City Attorney announced that Council met in Closed Session during both the April 4, 2023 and April 18, 2023 meetings with staff where the items noted on the agenda were discussed. No action was taken.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
(Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager
2.3. 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
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (2 cases)
1.7. Proclamation – Small Business Week
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
2.1. RESOLUTION NO. 30-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DECLARING PUBLIC NUISANCE AND SETTING TIME FOR HEARING ON OBJECTIONS TO ABATEMENT AND ASSESSMENT OF COSTS RELATED TO THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND/OR DEBRIS The lot clearing and weed abatement program is conducted each year under the provisions of the California Government Code. Adoption of a resolution will: (1) require the abatement of weeds, rubbish, refuse and/or debris; (2) set a public hearing for 5/02/23; and (3) direct the City Clerk to mail notices of the public hearing to all owners of affected parcels. (Report - Charlene Durkin, Code Enforcement Supervisor)
2.1. Staff Report
2.2. 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. APPEAL OF USE PERMIT APPLICATION 22-11 (Cloud Chaser) On March 2, 2023, the Planning Commission held a public hearing and deadlocked on motions to continue, approve, or deny a use permit request to establish a commercial cannabis storefront retailer use in the Community Commercial (CC) zoning district. The project applicant has filed a timely appeal to the City Council seeking a final decision on the project. The proposed storefront retailer would be located in a portion of an existing 11,000 square foot commercial building at the southeast corner of Park Avenue and 14th Street. Off-street parking would be provided on both the primary and secondary project parcels in order to satisfy the City's parking requirements. The project site is designated Commercial Mixed Use on the City's General Plan Land Use Diagram and zoned CC-COS-SD8 (Community Commercial with Corridor Opportunity Site and Special Design Considerations - Southwest Chico Neighborhood overlays). The project had been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities) and 15332 (In-Fill Development Projects). (Report - Kelly Murphy, Senior Planner - CDD)
Recommendation : The Community Development Director recommends that the City Council uphold the appeal and approve Use Permit (UP 22-11) by adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO UPHOLDING AN APPEAL AND APPROVING USE PERMIT 22-11 (CLOUD CHASER)
4.1. Staff Report
5. REGULAR AGENDA
5.1. VICE MAYOR REYNOLDS REQUEST FOR RECONSIDERATION OF AN AGENDA ITEM PURSUANT TO AP&P 10-10 - COUNCIL RULES OF PROCEDURES - Continued from 4/4/23 Council 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 which 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) Recommendation : The City Clerk recommends that Council hear the reconsideration of this item and provide direction, if any.
5.1. Staff Report
5.1. VICE MAYOR REYNOLDS REQUEST FOR RECONSIDERATION OF AN AGENDA ITEM PURSUANT TO AP&P 10-10 - COUNCIL RULES OF PROCEDURES - Continued from 4/4/23 Council 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 which 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) Recommendation : The City Clerk recommends that Council hear the reconsideration of this item and provide direction, if any.
5.10. 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 City Manager Appointed Positions, specific to Public Works Director positions. (Report - Mark Sorensen, City Manager)
Recommendation : Approve Budget Appendix B-1 as submitted.
5.10. Staff Report
5.11. CONFIRMATION OF PUBLIC WORKS DIRECTOR - ENGINEERING 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 employment agreement for the Public Works Director - Engineering. (Report - Mark Sorensen, City Manager)
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 Public Works Director - Engineering employment agreement as follows: "The City Manager is proposing to enter into an employment agreement with Brendan Ottoboni as the Public Works Director - Engineering; and The City Manager is proposing to appoint Brendan Ottoboni with an annual salary of $185,000." B. The City Manager recommends Council Confirmation of the appointment of Brendan Ottoboni as Public Works Director- Engineering.
5.11. Staff Report
5.12. 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. 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.
A.
COUNCILMEMBER WINSLOW REQUEST - PRO HOUSING DESIGNATION - Continued to the 5/2/23 Council Meeting
Councilmember Winslow has submitted a request to agendize a discussion regarding a pro-housing designation.
6.2.A. Councilmember Winslow - Pro Housing Designation
B.
COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN WAY SIGNS FOR DOWNTOWN - Continued from the 4/18/23 Council Meeting
Councilmember van Overbeek has submitted a request to agendize a discussion regarding pedestrian way signs for Downtown.
6.2.B. Councilmember van Overbeek - Wayfinding signage
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.
1.1. ROLL CALL
4/18/23 Agenda
5.2. 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 from 4/4/23 Council 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)
Recommendation : The City Manager recommends the City Council introduce the following ordinance by reading of title only.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTERS 12.18 AND 12R.04 ADDING TO THE CHICO MUNICIPAL CODE SECTION 12.18.065 and 12R.04.060, TITLED "ALCOHOLIC BEVERAGES - CITY PLAZA"
5.2. Staff Report
5.3. CONSIDERATION OF THE URBAN FOREST MASTER PLAN - Continued from 4/4/23 Council 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. The UFMP will also serve as a critical document when searching for outside funding sources and grants related to urban forest management and health. (Report - Erik Gustafson, Public Works Director O&M)
Recommendation : The Bidwell Park and Playground Commission recommends the City Council consider and approve the Urban Forest Master Plan.
5.3. Staff Report
5.4. COUNCILMEMBER VAN OVERBEEK REQUEST - CHANGE REFERENCES TO DOWNTOWN CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO HISTORIC DOWNTOWN CHICO - Continued to the 5/2/23 Council 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.
5.4. Councilmember van Overbeek request - Historic Downtown Chico
5.5. COUNCILMEMBER TANDON REQUEST - SB 43 AND 363 - Continued from 4/4/23 Council 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.
5.5. Councilmember Tandon Request - SB 43 and 363
5.7. VALLEY'S EDGE REFERENDUM ON RESOLUTION 08-23 AND REFERENDUM ON RESOLUTION 09-23 - Continued from 4/4/23 Council Meeting to provide additional information At the 4/4/23 meeting, the Council was provided with the certified referendum results and following that presentation, asked staff to seek out additional information from Butte County as to the costs associated with consolidating the two referendum items on the March 2024 Primary as well as how much of a "change" is needed for the project to come back and be considered as a "new" project. The costs for the March Primary are still being developed and is hoped to be made available at this meeting. The question as to the amount of change required to be a "new" project is complex and cannot be answered without an actual project proposal to analyze. Following the verbal report related to costs, the Council will accept 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 sufficient. Council considered its options related to the referendum process and 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 was adopted and not later than the City of Chico's next regular municipal election in November 2024. Council can provide additional direction to staff as needed. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends that the Council accept the certification of the sufficiency of signatures and provide direction to staff on how to proceed.
5.7. Referendum
5.8. AIRPORT COMMISSION AND CLIMATE ACTION COMMISSION APPOINTMENTS - Continued to the 5/2/24 meeting
At this meeting, the Council will consider the final appointments of citizens to serve on both the Airport Commission and Climate Action Commission to serve four-year terms. At its meeting of April 4, 2023, the Council heard from applicants in attendance as to their desire to serve on one of the City's advisory bodies. These appointments will conclude the 2022 Biennial Recruitment process. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk recommends that the Council: (1) consider the three individual nominations for the Climate Action Commission which requires a majority vote for final appointment; and (2) using a balloting process, appoint three citizens to serve on the Airport Commission.
5.8. Staff Report
5.9. 2023 FUNDING RECOMMENDATION PROCESS FOR ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICES FUNDING - Continued to the 5/2/24 Meeting)
At its April 4, 2023 meeting, Council requested that staff provide background on the process for making the Community Development Block Grant (CDBG) Public Services Funding recommendations as included in the 2023-2024 Draft Annual Action Plan (AAP). Council may consider revised recommendations to be included in the final AAP to be submitted to the U.S. Department of Housing and Urban Development (HUD) after its final public hearing May 2. (Report - MaryJo Alonzo, Housing Program Analyst) Recommendation : The Community Development Director recommends that City Council: 1) review the 2023 recommendation process for Public Services funding; and 2) consider revising Public Services funding recommendations, direct staff to revise the Draft Annual Action Plan, as necessary, and conduct a final public hearing at its May 2, 2023 meeting.
5.9. Staff Report
5.6. COUNCILMEMBER MORGAN REQUEST - AMENDMENTS TO AP&P 10-10 - Continued from 4/4/23 Council 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 seeking to add items to the agenda.
5.6. Councilmember Morgan Request - AP&P 10-10
5.6. COUNCILMEMBER MORGAN REQUEST - AMENDMENTS TO AP&P 10-10 - Continued from 4/4/23 Council 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 seeking to add items to the agenda.
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
April 18, 2023
4/18/23 Agenda - Closed Session
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
2. CLOSED SESSION AGENDA - There were no speakers and no Council disqualifications on the Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
(Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager
2.3. 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
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (2 cases)
2.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT – The meeting adjourned at 5:58 p.m. to the Adjourned Regular City Council Meeting on April 18, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.