ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 18, 2023 Minutes
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
Moment of Silence - Sergeant Cesar Sandoval
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. April 18, 2023, Closed Session Announcement
The City Attorney announced that Council met in Closed Session with staff where the items noted on the agenda were discussed. No action was taken; direction was provided.
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.
A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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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 ANDIOR 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)
2.2. 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.
Addressing the Council were Grace Marvin, Lisa Currier, Jesica Giannola, Nancy Park, Nichole Nava, and Steve Depa.
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 had 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)
Councilmember Tandon announced that she was recusing herself from this item due to owning property within 500 ft. of the proposed project. She left the dais and the Chamber.
Exparte Communications:
Councilmember Bennett - Spoke with Breckenridge
Vice Mayor Reynolds - Spoke with the owner when reviewing the plans Councilmember Winslow - Spoke with the business owner regarding parking requirements Mayor Coolidge opened the hearing to the public. Addressing the Council on this project were Matt Galloway, Thomas Hubbard, Suellen Rowlison, Jared Geiser, Rebecca Geiser, Elizabeth Devereaux, Tim Dodd, Steve Depa, Sisarie Sherry, and Adam Fedeli.
Matt Galloway was allowed a rebuttal on behalf of the project.
The Mayor closed the hearing to further comment.
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A motion was made by Councilmember Winslow to uphold the appeal and approve Use Permit (UP 22-11) by adoption of the following resolution, amended to remove the parking requirements:
RESOLUTION NO. 31-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO UPHOLDING AN APPEAL AND APPROVING USE PERMIT 22-11 (CLOUD CHASER), including an amendment to waive the requirement for parking.
The motion died for a lack of a second.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to uphold the appeal and approve Use Permit (UP 22-11) by adoption of the following resolution:
RESOLUTION NO. 31-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO UPHOLDING AN APPEAL AND APPROVING USE PERMIT 22-11 (CLOUD CHASER) The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Reynolds, Coolidge NOES: Winslow
DISQ: Tandon
The Council recessed at 7:05 p.m. for a 15-minute break. The meeting was reconvened and all members were present.
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 was set forth in AP&P 10-10 Council Rules of Procedures. (Report - Deborah R. Presson, City Clerk & Elections Official) Addressing the Council were Pamela Posey, Suellen Rowlison, Maggy Scarpa, Jared Geiser, Marty Dunlap, Doug Guillon, Bryce Goldstein, Rob Berry, Susan Tchudi, Sisarie Sherry, Adam Fedeli, Jacquelyn Chase, Jesica Giannola, and Justis Kusumoto.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to reconsider the original 5-2 vote which appointed Brandi Laffins, Margaret Scarpa, and Mark Wolfe.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
A motion was made by Councilmember Bennett and seconded by Councilmember Winslow to approve the appointment of the three original nominations of Brandi Laffins, Maggie Scarpa, and Mark Wolfe.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Coolidge
NOES: Morgan, Reynolds
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The Council recessed at 7:50 p.m. for a 15-minute break. The meeting was reconvened and all members were present.
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)
A motion was made by Councilmember Morgan and seconded by Councilmember van Overbeek to 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" - Introductory Reading The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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) Addressing the Council were Viki Nedoff, Steve Depa, Sisarie Sherry, Bryce Goldstein, and Ben Miller.
A motion was made by Councilmember Morgan and seconded by Councilmember van Overbeek to refer the Urban Forest Master Plan to the Internal Affairs Committee for additional review and recommendations for possible changes.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.4. COUNCILMEMBER VAN OVERBEEK REQUEST - CHANGE REFERENCES TO DOWNTOWN
CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO HISTORIC DOWNTOWN CHICO 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.
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Addressing the Council was Jesica Giannola.
A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to refer Councilmember van Overbeek's request to discuss changing the references to Downtown Chico in Chico's public documents and signage to Historic Downtown Chico to the Internal Affairs Committee.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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.
Addressing the Council were Nichole Nava, Loretta Torres, George Deeds, Sisarie Sherry, and Jesica Giannola.
City Attorney Ewing announced that he would review the bills and provide some information to the Council.
A motion was made by Councilmember van Overbeek and seconded by Vice Mayor Reynolds to consider Councilmember Tandon's request to discuss a letter of endorsement/support of Senate Bills 43 and 363 to overhaul the state's behavioral health care system.
A friendly amendment was requested by Vice Mayor Reynolds to have an analysis provided from the City Attorney regarding the two bills. The amendment was accepted.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
The Council recessed at 9:23 p.m. for a seven-minute break. The meeting was reconvened, and all members were present.
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
Addressing the Council on this item were Jesica Giannola and Bryce Goldstein.
A motion was made by Councilmember Morgan and seconded by Councilmember van Overbeek to confirm the policy as outlined in AP&P 10-10 which set forth that Council requests are to be made verbally at a meeting instead of providing written requests on an agenda. Council also directed the City Clerk to no longer include written requests on the agenda.
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The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
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 possible $400,000 in costs for the March Primary was made available as an estimate as it was too early to see what the actual costs might be.
The question as to the amount of change required to be a "new" project is complex and could not be answered without an actual project proposal to analyze. Following the verbal report related to costs, the Council accepted 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.
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 have included: (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 i November 2024. (Report - Deborah R. Presson, City Clerk & Elections Official) Pursuant to the requirements of the Brown Act, Council did not take additional input on this matter as Council had taken public input at the April 4, 2023 meeting.
A motion was made by Councilmember Tandon and seconded by Councilmember Morgan to accept the certification of the sufficiency of signatures and directed the City Clerk to schedule the referendums to be considered by the voters at the March 2024 primary election.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.8. AIRPORT COMMISSION AND CLIMATE ACTION COMMISSION APPOINTMENTS - Continued to the 5/2/23 meeting
.9. 2023 FUNDING RECOMMENDATION PROCESS FOR ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICES FUNDING - Continued to the 5/2/23 Meeting)
5.10. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 - This item was taken out of order and heard at the beginning of the meeting.
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)
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to approve Budget Appendix B-1 as submitted.
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The motion carried by the following vote:
AYES: Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Bennett
5.11. CONFIRMATION OF PUBLIC WORKS DIRECTOR - ENGINEERING - This item was taken out of order at heard at the beginning of the meeting.
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)
A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to confirm the appointment of Brendan Ottoboni as Public Works Director- Engineering, with an annual salary of $185,000.
The motion carried by the following vote:
AYES: Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Bennett
5.12. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
6. REPORTS AND COMMUNICATIONS - Continued to the 5/2/23 meeting
6.1. CITY MANAGER'S REPORT - Verbal Report, City Manager Sorensen - Continued to the 5/2/23 meeting
6.2. COUNCILMEMBER REQUESTS
A. COUNCILMEMBER WINSLOW REQUEST - PRO HOUSING DESIGNATION - Continued to the 5/2/23 Council Meeting
Councilmember Winslow had submitted a request to agendize a discussion regarding a pro-housing designation.
B. COUNCILMEMBER VAN OVERBEEK REQUEST - PEDESTRIAN WAY SIGNS FOR DOWNTOWN - Continued to the 5/2/23 Council Meeting
Councilmember van Overbeek had submitted a request to agendize a discussion regarding pedestrian way signs for Downtown.
ADJOURNMENT - Adjourned at 10:02 p.m. to the City Council Closed Session meeting on May 2, 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 5/16/23
WetranPessen
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Minutes
April 18, 2023
CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
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
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.
Date Approved: /drp 5/16/23
al lesser
City Clerk
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