REGULAR CHICO CITY COUNCIL MEETING October 17, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 10/17/23 Agenda
1.2. Call to Order - Mayor Coolidge called the October 17, 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 Reverand Penny Derosier, Zion Community Christian Center
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. October 3, 2023 Closed Session Announcement - City Attorney Lam announced that Council met with staff in Closed Session on October 3, 2023 as listed on the original agenda. Unfortunately, due to technical difficulties, the meeting was not broadcasted but this announcement was formally announced immediately following Closed Session:
Item 2.1. Conference With Labor Negotiatiors - Council received an update from its negotiators. Direction was provided; no formal action was taken.
Item 2.2. Conference with Property Negotiators - Council was also provided with an update. Direction was proviced; no formal action was taken.
Item 2.3. Public Employee Quarterly Performance Evaluation - Evaluations were taken; no formal action was taken.
Item 2.4. Real Property Negotiators - Council received an update on properties "A through X." Direction was provided; no final action was taken.
Item 2.5. Conference with Legal Counsel regarding Anticipated Litigation. Although listed on the agenda, this matter was not discussed so no formal announcement is needed.
1.7. October 17, 2023 Closed Session Announcement
City Attorney Lam announced that Council met with staff in Closed Session regarding the following items:
Item 2.1. Conference with Labor Negotiators - Council was provided with an update and a briefing. Direction was provided; no action was taken.
Item 2.2. Public Employee Appointment - The Council voted unanmiously (7-0) to appoint John Lam as the City Attorney and authorize the City Manager to make amendments consistent with the appointment.
Item 2.3. Conference with Legal Counsel on Existing Litigation - Council was briefed. Council provided direction; no formal action was taken.
One additional item considered was added at the beginning of Closed Session as an item that arose after the posting of the agenda. Item 2.4. Potential Litigation - Conference with Legal Council - Council was provided a briefing and direction was provided. No final action was taken.
1.8. Proclamation - Habitat for Humanity 30 Year Anniversary
2. CONSENT AGENDA
2.1. RESOLUTION NO. 61-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM At its 6/06/23 meeting, the City Council approved Resolution No. 39-23 to authorized the submittal of a Recreational Trails Program (RTP) grant application to rehabilitate and improve trail access to Monkey Face in Upper Bidwell Park. In its review of the City's application, the CA Department of Parks & Recreation notified staff that the resolution contained an error and that the name of the legislative law allocating funding for this grant needed to be changed from the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to Bipartisan Infrastructure Law of 2021." (Erik Gustafson, Public Works Director - Operations & Maintenance)
2.1. Staff Report
2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION NO. 2024-FD-001 The City Council was asked to consider a supplemental appropriation, that if approved would increase the Fire Department's Non-Recurring Operating budget to fund the City's portion of the Butte County's Local Hazard Mitigation Plan (LHMP). Further, the request included funds for Fire Station Improvements (Capital Project 50515) for a Professional Services Agreement for a Fire Station 6 construction feasibility study. This funding request is to come from Development Impact Fees (Fund 337) as its purpose is to fund the expansion of fire facilities, apparatus and equipment to maintain fire protection services to accommodate projected new growth and development. (Steve Standridge, Fire Chief)
2.2. Staff Report
2.3. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-ASD-007 The Administrative Services Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2022-23 Budget. (Barbara Martin, Administrative Services Director)
2.3. Staff Report
2.4. APPROVAL OF COUNCIL MEETING MINUTES OF 9/19/23 & 10/3/23
2.4. 9/19/23 Draft Minutes
2.4. 10/3/23 Draft Minutes
2.5. ORDINANCE NO. 2594 - AN ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 2.54 OF THE CHICO MUNICIPAL CODE TO CALL FOR MEETINGS OF THE CLIMATE ACTION COMMISSION ON AN AS NEEDED ONLY BASIS - Introductory reading by reading of title only
On March 7, 2023 the City Council took action to modify the meeting requirements for the Climate Action Commission to be on an as needed basis only, instead of meeting monthly. The proposed ordinance amendment accomplished this objective. (Angie Dilg, Management Analyst/Records
Manager)
It was noted for the record that Councilmember Winslow voted "no" on this ordinance.
2.5. Staff Report
2.6. 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 was prohibited from taking any action on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.1. PUBLIC HEARING TO CONSIDER AN APPEAL OF A DECISION TO DENY A TREE REMOVAL PERMIT AT 4 STONEHAVEN COURT The City Council conducted a public hearing to consider an appeal from the property owners of 4 Stonehaven Ct of the Bidwell Park and Playground Commission's (BPPC) denial of their request to remove a mature 35-foot tall, 20-inch diameter willow tree located in the Belvedere Preserve adjacent to their property in south east Chico. The staff report provided an overview of the permit appeal and analyzes considerations such as environmental impact, public input, and recommendations. (Report - Richie Bamlet, Urban Forest Manager)
Recommendation : The Urban Forest Manager recommends the City Council consider the appeal and adopt the following resolution to uphold the BPPC s tree removal permit denial:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DENYING AN APPEAL AND UPHOLDING THE BIDWELL PARK & PLAYGROUND COMMISSION S DENIAL REGARDING A PERMIT TO REMOVE A TREE BEHIND 4 STONEHAVEN COURT, CHICO CA
4.1. Staff Report
5. REGULAR AGENDA -
Items 5.1. through 5.5. were continued from the 10/3/23 Council Meeting
5.1. ARCHITECTURAL REVIEW AND HISTORIC PRESERVATION BOARD STREAMLINING AND COST REDUCTION As part of its review of the roles and responsibilities of the City's Boards and Commissions earlier this year, Council directed staff to identify opportunities to streamline the process and reduce cost for projects that go before the City's Architectural Review and Historic Preservation Board (ARHPB). In support of that effort, at its meeting on May 16, 2023, Council restructured the ARHPB as a subcommittee of the Planning Commission. The proposed benefits of that action would a more streamlined architectural review process, specifically fewer public hearings and staff reports for certain projects, and potential reduced costs. To facilitate Council direction, Planning staff met on four separate occasions with members of the Chico Builder's Association to collaborate on thoughtful ways to streamline the review process and reduce cost. The Agenda Report summarized the strategies identified and summarizes the benefits of each. (Report - Brendan Vieg, Community Development Director) Recommendation : Consider the Agenda Report recommendations and provide direction.
5.1. Staff Report
5.2. FY 23-24 SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-PWO-001 The attached Supplemental Appropriation redirects ARPA funds budgeted for the railroad bike path fence project along Chico State's campus from capital project 50534 to a new capital project for ongoing costs associated with the three (3) homeless alternate site locations off Eaton & Cohasset. Savings from the bike path project are $43,000 that O&M wishes to transfer to a new capital project for ongoing alternate site costs. (Report - Erik Gustafson Public Works Director - O&M)
Recommendation : The Director of Public Works O&M recommends approval of the Supplemental Appropriation/Budget Modification No. 2024-PWO-001.
5.2. Staff Report
5.3. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - CHICO POLICE MANAGEMENT EMPLOYEES A resolution which modified the pay and benefit provisions applicable to the Chico Police Management Employees, resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND CHICO POLICE MANAGEMENT EMPLOYEES REGARDING PAY, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026 (2023 CPM MOU)"
5.3. Staff Report
5.4. COUNCILMEMBER VAN OVERBEEK REQUEST - DOWNTOWN PARKING REQUIREMENTS At its meeting of 9/5/23, the Council voted to agendize a request from Councilmember van Overbeek to discuss how to remove the parking requirements from the downtown area for smaller projects which would encourage residential apartments being made available on the second floor of a commercial property.
5.4. Staff Report
5.5. REPORT ON SHORT TERM RENTALS
At its September 5, 2023 meeting, the City Council was presented with a report regarding short-term rental properties in the City of Chico (City). The City Council requested additional information to be reported at a later meeting. (Report - Barbara Martin, Administrative Services Director) Recommendation : None, report only.
5.5. Staff Report
5.6. CONSIDERATION OF A RESOLUTION CALLING FOR A SPECIAL ELECTION ON MARCH 5, 2024 - As Amended On April 18, 2023, the City Council took action to accept the certification of signatures for the Valley's Edge referendums on a general plan amendment (Resolution 08-23) and approval of a specific plan (Resolution 09-23) and directed the City Clerk to schedule the referendums to be considered by the voters at the March 2024 presidential primary election.
Pursuant to the Elections Code Section 10403, the City Council adopted a resolution (as amended) to consolidate the City of Chico Special Election with the statewide election conducted by the County. This resolution also directed the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure. The resolution also set forth the deadlines for written arguments and rebuttals for and against the measures. After adoption, the City Clerk will forward a certified copy of the resolution to the County Clerk for submission to the Butte County Supervisors for consideration. (Report - Deborah R. Presson, City Clerk & Elections Official) Recommendation : The City Clerk Recommends the City Council adopt the following amended resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO (1) CALLING FOR A SPECIAL ELECTION ON MARCH 5, 2024, FOR THE SUBMISSION OF VALLEY S EDGE REFERENDUM ON RESOLUTION 08-23 AND RESOLUTION 09-23; (2) REQUESTING CONSOLIDATION OF THAT ELECTION WITH THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024; AND (3) SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS, AND REBUTTALS THEREOF, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
5.6. Staff Report
5.6. - Valley’s Edge Amended Resolution
5.7. CONSIDERATION OF APPROVAL OF THE PROPOSED MEASURE H 10-YEAR ROADWAY LIST OF PROJECTS The Public Works-Engineering Director requested consideration and approval of project locations to receive roadway improvements using anticipated Measure H funding, as well as other roadway maintenance sources projected for the next 10 years. (Report - Brendan Ottoboni, Director of Public Works-Engineering) Recommendation : The Public Works-Engineering Director recommends adoption of the 10-year Roadway Repair list.
5.7. Staff Report
5.8. ITEMS ADDED AFTER THE POSTING OF THE AGENDA
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
6.2. Staff Report
6.2. Attachments
6.3. ORDINANCE NO. 2593 SHOPPING CARTS - CORRECTION OF NOMENCLATURE - Information only
6.3. Staff Report
6.4. SUNSHINING OF DRAFT MOU - CHICO PUBLIC SAFETY ASSOCIATION (CPSA) - 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 CPSA bargaining group. This initiated 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 November 7, 2023. (Chelsea Phebus, Director of Human Resources & Risk Management)
6.4. Staff Report
6.5. COUNCILMEMBER REQUESTS - None
7. ADJOURNMENT - Adjourned at 9:02 p.m. to the City Council Closed Session meeting on Tuesday, November 7, 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.
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
October 17, 2023
5:30 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
1. CALL TO ORDER AT 5:30 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL
2. CLOSED SESSION AGENDA - Members of the public may address the Council at this time on any item on the Closed Session agenda, with comments being limited to three minutes or as determined by the Mayor based on the number of speakers.
2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - City Attorney Lam announced that Council received an update from its negotiators and 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. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Attorney)
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. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2) - One (1) Case
3. ADJOURNMENT - The meeting will adjourn to the Adjourned Regular City Council Meeting on October 17, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
5.6. - Valley’s Edge Amended Resolution