ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - September 19, 2023 Minutes
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the September 19, 2023 - Adjourned Regular City Council to meeting to order at 6:11 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
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
1.6. September 19, 2023 Closed Session Announcement
City Attorney Glasman announced that all seven members of Council met in Closed Session with staff regarding the following items:
2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - Council received an briefing from its Negotiator. Direction was provided; no action taken.
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 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 - Update was provided; no action taken.
2.3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d) (1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico - Update was provided; no action taken.
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(d)(2): 1 case - This item was related to Item 2.6, with direction provided; no formal action taken.
2.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title:
City Attorney - Direction was provided to the City Attorney; no action taken.
2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - 2 items added as noted below:
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CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC Case No. 2:18-CV-01692-MCE-AC: Estate of Tyler R. Rushing, et al. v.
City of Chico, et al. - Direction was provided; no action taken.
CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.(a): BSCS Case No. 23CV01870: Leigh Ann Sutton v. City of Chico, et al. - Update was provided; no action taken.
1.7. Proclamation - California Native American Day
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine in nature and could therefore be enacted in one motion.
Addressing the Council on the Consent Agenda were James Hutchinson and Grace Marvin.
Councilmember Winslow noted for the record that he was voting "no" on Consent Agenda Items 2.2. and 2.3.
A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to approve the Consent Agenda, as read, with Councilmember Winslow voting "no" on Items 2.2. and 2.3.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. ORDINANCE NO. 2591 - AN ORDINANCE OF THE CITY OF CHICO CITY COUNCIL REPEALING TITLE 18 AND REPLACING WITH THE COMPREHENSIVE CHICO MUNICIPAL CODE TITLE 18 SUBDIVISION ORDINANCE UPDATE - Final reading and adoption by reading of title only
2.2. ORDINANCE NO. 2592 - AN ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 1, CHAPTER 1.14 OF THE CITY OF CHICO MUNICIPAL CODE TO REVISE THE NUISANCE ABATEMENT CHAPTER - Final reading and adoption by reading of title only. Councilmember Winslow voted "no" on this item.
2.3. ORDINANCE NO. 2593 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADDING A NEW CHAPTER 9.32 TO THE CHICO MUNICIPAL CODE
REGULATING STOLEN OR ABANDONED SHOPPING CARTS AND OTHER CARTS,
ESTABLISHING AN ABATEMENT AND ENFORCEMENT PROGRAM RELATED THERETO - Final reading and adoption by reading of title only. Councilmember Winslow voted "no" on this item.
2.4. RESOLUTION NO.23 - RESOLUTION OF THE CHICO CITY COUNCIL AUTHORIZING
ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP (HOME) FUNDS TO PARK AVENUE HOUSING PARTNERS LP FOR THE DEVELOPMENT OF THE AFFORDABLE HOUSING PROJECT AT 1297 PARK AVENUE Jamboree Housing Corporation (Jamboree) is redeveloping the site of the former Jesus Center located at 1297 Park Avenue (APNs 005-136-017 and 005-136-018) into a 58-unit affordable apartment complex for extremely low- to low-income households including those with special needs, and one managers unit. The City Council authorized loans from the City s Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds, to support this project Jamboree requested additional funds to address additional, unanticipated costs including replacement of the manager unit rather than rehabilitation of the existing unit. Additional CDBG and HOME funds were allocated through the City s 2023-2024 Annual Budget and federal Annual Action Plan. (Marie Demers, Housing Manager)
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2.5. APPROVAL OF COUNCIL MEETING MINUTES OF 8/1/23 AND 9/5/23
2.6. CONSIDERATION OF DOWNTOWN CHICO BUSINESS ASSOCIATION'S SIX-MONTH
PROGRESS REPORT
On March 21, 2023, the City Council approved a three-year Professional Services Agreement with the Downtown Chico Business Association (DCBA) for the Downtown Business District Enhancement Program. Per the Agreement, the DCBA was to provide the Council with progress reports at six, nine, twelve, eighteen, and twenty-four months from the date of execution. (Jennifer Macarthy, Deputy City Manager)
2.7. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda. The Council could not act on requests made under this section of the agenda.
Addressing the Council were Sasha Sarnoff, Julie Threet, Rob Berry, James Hutchinson, Bill Monroe, and Loree Monroe.
4. PUBLIC HEARINGS
4.1. PUBLIC HEARING OF THE 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR THE FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) AND THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS A condition for receipt of federal funding for the Community Development Block Grant (CG) program and the Home Investment Partnerships Program (HOME) required that the City prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) regarding the use of such funds. The report is to be prepared at the conclusion of each program year and made available for a 15-day public comment period. The City must hold a public hearing on the report at the conclusion of the public comment period. (Report - MaryJo Alonzo, Housing Program Analyst) A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to authorize staff to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD).
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
4.2. HEARING TO CONSIDER ADOPTION OF THE 2022 HOUSING ELEMENT (2022-2030) State law requires each jurisdiction to update its Housing Element every eight years with specific deadlines established by the California Department of Housing and Community Development (HCD).
The Housing Element provides an analysis of a community s housing needs for all income levels, along with strategies and actions for responding to those needs. On August 2, 2022, the City Council approved submittal of a Draft version 1 (v1) 2022 Housing Element to HCD. Staff submitted the Draft v1 Housing Element to HCD for its review and consent on September 7, 2022. Since that time, staff have had ongoing communication with HCD that necessitated three additional versions and corresponding public comment periods. HCD has determined that Draft v4 2022 Housing Element complies with the statutory requirements of State Housing Element Law and can now be adopted by the City Council.
The Mayor opened the hearing to the public. Addressing the Council were Annette Heinemeyer, Katy Thoma, Julian Zener, and Kimberlee Michl.
The hearing was closed to further comment.
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A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to adopt the following resolution:
RESOLUTION NO. 60-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING GENERAL PLAN AMENDMENT NO. 22-02 (2022 HOUSING ELEMENT) The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5. REGULAR AGENDA
5.1. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - 2 Additional Closed Session Items
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. SUNSHINING OF DRAFT MOU CHICO POLICE MANAGEMENT (CPM) - Information only Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council was provided a draft copy of the Memorandum of Understanding applicable to the Chico Police Management bargaining group. This initiates the two-week sunshining period for Council and community members to review the draft document. A final presentation will be brought forward to Council for consideration at its meeting on October 3, 2023. (Chelsea Phebus, Director of Human Resources & Risk Management)
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. - No items were added.
7. ADJOURNMENT - Adjourned at 7:24 p.m. to the City Council Closed Session meeting on Tuesday, October 3, 2023, at 5:00 or 5:30 p.m., followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.
Date Approved:
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Minutes
September 19, 2023
CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER - The Mayor called the Closed Session to order. There were no speakers nor any Council disqualifications.
1.1. ROLL CALL
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)) & Chelsea Phebus, Human Resources Director
Union Trades & Crafts, Stationary Engineers Local 39, United Public Employees of California - Local 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
2.3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(d)(2): 1 case
2.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
•2.6. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - 2 items added
CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC Case No. 2:18-cv-01692-MCE-AC: Estate of Tyler R. Rushing, et al. v. City of Chico, et al.
CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956. (a): BSCS Case No. 23CV01870: Leigh Ann Sutton v. City of Chico, et al.
3. ADJOURNMENT - The meeting adjourned at 6:10 p.m. to the Adjourned Regular City Council Meeting on September 19, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved:
Sutrantetresson
Deborah R. Presson, MMC, City Clerk
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