ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - October 17, 2023 Minutes
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
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 - Reverend Penny Derosier, Zion Community Christian Center
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. 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 unable to be broadcasted, however this announcement was formally made immediately following Closed Session.
Item 2.1. Conference With Labor Negotiators - 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 provided; no formal action was taken.
Item 2.3. Public Employee Quarterly Performance Evaluation - Evaluations were held; 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.
1.7. October 17, 2023 Closed Session Announcement
City Attorney Lam announced that Council met with staff in Closed Session regarding the following 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 unanimously (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 Closed Session item was added at the beginning of Closed Session at 5:00 p.m. as an item that arose after the posting of the agenda, which the Council voted 7-0 to agendize.
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Item 2.4. Potential Litigation - Conference with Legal Counsel - 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
Councilmember Winslow voted "no" on 2.5.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett 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
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 adopted Resolution No. 39-23 which 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)
2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION NO. 2024-FD-001 The City Council was asked to consider a supplemental appropriation increasing 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 will 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)
2.3. 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)
2.4. APPROVAL OF COUNCIL MEETING MINUTES OF 9/19/23 & 10/3/23
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 ction Commission to be on an as needed basis only, instead of meeting monthly. The propose rdinance amendment accomplished this obiective. (Anaie Dila. Management Analvst , Records Manager)
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It was noted for the record that Councilmember Winslow voted "no" on this ordinance.
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.
Addressing the Council were Karen Holcomb, Sheri Kushner, Sean Reese, Bruce McLean, and Sascha Anya.
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 southeast Chico. The staff report provided an overview of the permit appeal and analyzed considerations such as environmental impact, public input, and recommendations. (Report - Richie Bamlet, Urban Forest Manager)
Exparte Announcements:
Councilmember van Overbeek - met directly with the appellants.
Mayor Coolidge opened the hearing to the public.
Michael Gulbransen spoke as the appellant.
Seeing no other speakers, the Public Hearing was closed to further comment.
A motion was made by Councilmember Bennett and seconded by Councilmember van Overbeek to overturn staff's denial of a permit to remove a tree behind 4 Stonehaven Court, Chico, CA, thereby upholding the appeal, allowing the tree to be removed and to plant three new trees or more in accordance with the guidelines set forth in the Chico Municipal Code regarding tree removals.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds
NOES: Winslow, Coolidge
The Council recessed at 7:06 for a 15-minute break. The meeting was reconvened, and all members were present.
REGULAR AGENDA
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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 be 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. (Report - Brendan Vieg, Community Development Director)
Addressing the Council on this item was Katy Toma.
A motion was made by Councilmember Tandon and seconded by Councilmember Winslow to move forward with the proposed changes, with the community benefit costs split 30/70, with the developers to pay the 30% and the rest to come from the community fund.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, Winslow, Reynolds, Coolidge NOES: van Overbeek
5.2. FY 23-24 SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-PWO-001 The attached Supplemental Appropriation redirected 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) A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to approve Supplemental Appropriation/Budget Modification No. 2024-PWO-001.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to adopt the following resolution:
RESOLUTION NO. 62-23 - 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)"
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The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
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.
Addressing the Council were Bryce Goldstein, Bruce McLean, Monica McDaniel, and Mike Jensen.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to direct staff to come back with a proposal regarding: (1) how to address 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; (2) include proposed geographical boundaries (i.e., Downtown North or South, or both); (3) should there be a size limit on number of units allowed with staff to determine the threshold if there is one; (4) if the City does this, should there be residential parking permits for people living in the zone; and (5) what would the amended language be in order to update the entire code.
Mayor Coolidge asked for a friendly amendment to look at the proposed zoning for the entire City, especially along the transit stops. The amendment was accepted.
Councilmember Winslow asked for a friendly amendment to send this item to Internal Affairs Committee in order to have an actual workshop on this item. The amendment was not accepted.
A substitute motion was made by Councilmember Winslow to approve Councilmember van Overbeek's recommendations with the exception of directing staff to come back instead with a proposal of eliminating parking requirements for housing in the Downtown areas in their entirety.
The motion failed for a lack of a second
The original motion to direct staff to come back with a proposal regarding: (1) how to address 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; (2) include proposed geographical boundaries (i.e., Downtown North or South, or both); (3) should there be a size limit on number of units allowed with staff to determine the threshold if there is one; (4) if the City does this, should there be residential parking permits for people living in the zone; and (5) what would the amended language be in order to update the entire code, with the amendment to look at this City- wide, carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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) Addressing the Council on this item was Monica McDaniel.
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A motion was made by Mayor Coolidge to direct staff to go back out with a Request for Proposals for a new vendor and then maybe revisit this in 6 months to a year. The motion failed due to a lack of a second.
A motion was made by Councilmember Winslow and seconded by Councilmember Bennett to have the Internal Affairs Committee continue this discussion.
The motion to refer the matter to committee carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Coolidge
NOES: Morgan
ABSTAIN: Reynolds
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
A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 63-23 - 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
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
Addressing the Council were Susan Christensen, Bryce Goldstein, Karen Laslo, and David Welch.
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A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to approve the 10- year Roadway Repair list, with staff to bring it back in March with the available information reflecting Measure H proceeds and current estimates.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Reynolds, Coolidge NOES: Morgan, Winslow
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
6.3. ORDINANCE NO. 2593 SHOPPING CARTS - CORRECTION OF NOMENCLATURE - Information only
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)
6.5. 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.
Date Approved: /drp 1/16/24
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Minutes
October 17, 2023
CALL TO ORDER - Mayor Coolidge called the October 17, 2023 to order at 5:30 p.m. in the Council Chamber and then recessed into Conference Room 2, 421 Main Street, Chico, CA to meet with staff.
1.1. ROLL CALL - All members were present.
2.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - Added to the Closed Session Agenda by a 7-0 vote at the beginning of the meeting.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2) - One (1) Case
CLOSED SESSION AGENDA - There were no speakers nor Council disqualifications on any of the items.
2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - Council was provided with an update and a briefing. Direction was provided; no action was 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. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Attorney) The Council voted unanimously (7-0) to appoint John Lam as the City Attorney and authorized the City Manager to make amendments consistent with the appointment.
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 Council was briefed. Council provided direction; no formal action was taken.
CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - Added to the Agenda by a 7-0 vote at the beginning of the meeting.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2) - One (1) Case
Council was provided with a briefing. Direction was provided, no final action was taken.
ADJOURNMENT - The meeting adjourned at 5:54 p.m. 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.
Date Approved: /drp 1/16/24
Verankhesson
Deborah R. Presson, MMC, City Clerk
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