REGULAR CHICO CITY COUNCIL MEETING January 16, 2024
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. Call to Order -
Mayor Coolige called the January 16, 2024 - Adjourned Regular City Council meeting to order at 6:22 p.m. in the Council Chamber, 421 Main Street, Chico, CA. 01/16/24 CC Agenda
1.2. Invocation -
Chaplain Eileen Brownell
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
1.5. January 16, 2024 Closed Session Announcement - City Attorney John Lam City Attorney Lam announced that the Council met in Closed Session with City staff on the two following items. It was noted for the record that Councilmember Tandon recused herself on Item 2.1. when SEIU labor negotiations were being discussed. She left the room and did not participate in the discussion. She returned to Closed Session for the remaining labor negotiations discussion.
Item 2.1. Labor Negotiations - Council was briefed; direction was provided. No formal action was taken.
Item 2.2. Warren Settlement - Council was briefed; direction was provided. No formal action was taken.
1.6. Proclamation - Holocaust Remembrance Day January 27, 2024
1.7. Presentation - Butte County Opioid Settlement Overview by Scott Kennelly, L.C.S.W., Director of Butte County Behavioral Health
1.7. Presentation
1.5. January 16, 2024 Closed Session Announcement - City Attorney John Lam City Attorney Lam announced that the Council met in Closed Session with staff on the two following items. It was noted for the record that Councilmember Tandon recused herself on Item 2.1. when SEIU labor negotiations were being discussed. She left the room and did not participate in the discussion. She returned to Closed Session for the remaining labor negotiations discussion.
Item 2.1. Labor Negotiations - Council was briefed; direction was provided. No formal action was taken.
Item 2.2. Warren Settlement - Council was briefed; direction was provided. No formal action was taken.
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine in nature and could therefore be enacted by one motion.
2.1. RESOLUTION NO. 01-24 - RESOLUTION DEDICATING A PUBLIC UTILITY EASEMENT LOCATED WITHIN APN 047-570-035 TO PG&E FOR PROPERTY LOCATED AT 650 THUNDERBOLT STREET / APN 047-570-014 The Public Works Director-Engineering recommended the adoption of a resolution dedicating a public utility easement to PG&E located within APN 047-570-035 - 650 Thunderbolt Street (APN 047-570-014). ( Brendan Ottoboni, Public Works Director-Engineering
)
2.1. Staff Report
2.2. RESOLUTION NO. 02-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG RIO LINDO AVENUE (PORTION OF 006-440-099) - STONEBRIDGE PROFESSIONAL VILLAGE ASSOCIATION RESOLUTION NO. 03-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED 269 RIO LINDO AVENUE (PORTION OF 006-120-013) - NANCY POOL REVOCABLE TRUST OF 2019 AND JULIE KIM WHITE RESOLUTION 04-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 194 RIO LINDO AVENUE (PORTION OF 006-100-017) - JOHN G. LYNCH RESOLUTION NO. 05-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 183 RIO LINDO AVENUE (PORTION OF 006-100-041) - MISTY L. CHOO RESOLUTION NO. 06-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 187 RIO LINDO AVENUE (PORTION OF 006-100-042) KIMBERLY DAWN MAIN AND DONALD CADWALADER RESOLUTION NO. 07-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 270 RIO LINDO AVENUE (PORTION OF 006-100-033) MICHAEL R. GENTRY RESOLUTION NO. 08-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 371 AND 373 RIO LINDO AVENUE (PORTION OF 006-120-057 AND PORTION OF 006-120-058) JACK L. YERMAN AND DON A. BRENNAN RESOLUTION NO. 09-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 390 RIO LINDO AVENUE (PORTION OF 006-110-034) TRAIN STATION INVESTORS RESOLUTION NO. 10-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 284 RIO LINDO AVENUE (PORTION OF 006-100-053) WILL K. BRUMBAUGH RESOLUTION NO. 11-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 179 RIO LINDO AVENUE (PORTION OF 006-100-040) GRACE SWENINGSEN RESOLUTION NO. 12-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG RIO LINDO AVENUE (PORTION OF 006-100-043) DAVID A. SHERRILL AND BOBI L. SHERRILL RESOLUTION NO. 13-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG RIO LINDO AVENUE (PORTION OF 006-120-062) SCOTT D. MELLUM AND NANCY A. MELLUM RESOLUTION NO. 14-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG RIO LINDO AVENUE (PORTION OF 006-120-077) GREGORY A. PEITZ AND RUTH PEITZ RESOLUTION NO. 15-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG RIO LINDO AVENUE AND AT 354 RIO LINDO AVENUE (PORTION OF 006-110-035 AND PORTION OF 006-110-030) AWW2, L.P.
RESOLUTION NO. 16-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 353 RIO LINDO AVENUE (PORTION OF 006-120-092) REED G. FRANCIS RESOLUTION NO. 17-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED ALONG RIO LINDO AVENUE (PORTION OF 006-120-060) DIANE P. REILLY RESOLUTION NO. 18-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 287 RIO LINDO AVENUE (PORTION OF 006-120-015) ARMEDA F. FERRINI RESOLUTION NO. 19-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 376 RIO LINDO AVENUE (PORTION OF 006-110-020) SCOT LONG AND KERI LONG RESOLUTION NO. 20-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 256 RIO LINDO AVENUE (PORTION OF 006-100-018) JAYNE MAJEWSKI RESOLUTION NO. 21-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 294 AND 296 RIO LINDO AVENUE (PORTION OF 006-100-057 AND PORTION OF 006-100-058) SENIOR HOUSING ASSOCIATES RESOLUTION NO. 22-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 297 RIO LINDO AVENUE (PORTION OF 006-120-091) DENNIS D. SPASBO AND KELLY L. SPASBO RESOLUTION NO. 23-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 372 RIO LINDO AVENUE (PORTION OF 006-110-018) MCKEE PROPERTIES LLC RESOLUTION NO. 24-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 2307 EUGENE AVENUE (PORTION OF 006-100-002) ROSS ALLEN MCCLURE II AND JENNIFER ELISE MCCLURE RESOLUTION NO. 25-24 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY LOCATED AT 171 RIO LINDO AVENUE (PORTION OF 006-100-039) V.E.C.T.O.R.S.
2.2. Staff Report
2.3. CONSIDERATION OF DOWNTOWN CHICO BUSINESS ASSOCIATION'S NINE-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 directed 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
)
2.3. Staff Report
2.4. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION NO. 2024-FD-002 The City Council was asked to approve a supplemental appropriation, that increased Capital Project 50515 (CIP50515) Fire Station Improvements for a Service Provider Agreement (SPA) for a Fire Station 6 Geotechnical Engineering and Materials Testing Services report (GeoTech report). The requested funding would be drawn from the Fire Department's 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)
2.4. Staff Report
2.5. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND LOCAL 39 A side letter agreement between the City of Chico and Local 39 modifying the Memorandum of Understanding (MOU) to update general salary increase effective dates. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.5. Staff Report
2.6. APPROVAL OF COUNCIL MEETING MINUTES OF 10/17/23, 11/7/23, 11/21/23, 12/5/23 (as amended), 12/19/23, AND 1/6/24
2.6. Draft Minutes
2.7 ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. PUBLIC COMMENTS -
Members of the public addressed the Council on matters not listed on the agenda and were within the jurisdiction's authority. The Council was prohibited from taking any action on requests made under this section of the agenda.
4. PUBLIC HEARINGS
4.1. HEARING REGARDING A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CASINO CHICO (325 BROADWAY STREET, ASSESSOR'S PARCEL NUMBER 004-151-010-000) Introductory Reading of an ordinance that would enter the City of Chico into a development agreement (DA) with Casino Chico, facilitating the approval of a use permit to establish a seven-table cardroom use in the Downtown North zoning district at 325 Broadway Street.
Hearing - Regarding a proposed development agreement between the City of Chico and Casino Chico to provide a mechanism for the collection of a voluntary, annual contribution to the City of Chico equivalent to five (5) percent of gross receipts generated from card game participation fees. The Planning Commission voted at its November 16, 2023 meeting to forward a recommendation of approval to the City Council to approve the proposed DA. (Report - Kelly Murphy, Senior Planner)
Recommendation : The Community Development Director and the Planning Commission recommend that the City Council introduce the following ordinance by reading its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING DEVELOPMENT AGREEMENT 23-01 BETWEEN THE CITY OF CHICO AND THE CASINO CHICO CARDROOM (SCOTT)
4.1. Staff Report
4.2. CODE AMENDMENT 23-01 - PROPOSED ORDINANCE DELETING CHICO MUNICIPAL CODE SECTION 19.44.040 (DOWNTOWN NORTH (DN) DISTRICT SPECIAL STANDARDS) The Chico City Council was asked to introduce an ordinance that would delete Chico Municipal Code Section 19.44.040 (Downtown North (DN) District Special Standards) removing the prohibition on new Alcoholic Beverage Establishments, or bars, in Downtown Chico (Code Amendment 23-01). Both the City's Alcoholic Beverage Establishment Zoning Verification and Public Convenience or Necessity processes provide mechanisms for City staff and Council to actively oversee and apply conditions to proposed new bar licenses in the Downtown. At its meeting on November 16, 2023, the Planning Commission voted 4-1-2 recommending that the City Council adopt Code Amendment 23-01. In accordance with CEQA Guidelines Section 15162, the proposed amendments were within the scope of the EIR that was certified for the General Plan. (Report - Molly Marcussen, Associate Planner)
Recommendation introduce the following ordinance by reading its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO DELETE SECTION 19.44.040 (DOWNTOWN NORTH DISTRICT SPECIAL STANDARDS)
4.2. Staff Report
5. REGULAR AGENDA
5.1. CONSIDERATION OF TIMELINE FOR FISCAL YEAR 2024-25 BUDGET The Administrative Services Director requested direction from City Council regarding a preferred timeline for fiscal year 2024-25 budget. (Report - Barbara Martin, Administrative Services Director)
5.1. Staff Report
5.2. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-PWE-006 The Public Works Engineering Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2023-24 Budget to initiate three (3) new Capital Improvement Program (CIP) projects: 50622 - 2024 Sewer Main Replacement Project, 50626 - 2025 Sewer Main Replacement Project and 50623 - Recycled Water Feasibility Study. (Report - Brendan Ottoboni, Public Works Director-Engineering) Recommendation : The Public Works Director-Engineering recommends the approval of Supplemental Appropriation/Budget Modification No. 2024-PWE-006.
5.2. Staff Report
5.3. DISCUSSION REGARDING CITY'S ELIGIBILITY FOR HCD'S PRO-HOUSING DESIGNATION PROGRAM Council requested staff to review California Department of Housing and Community Development's (HCD) Pro-housing Designation Program and to analyze Chico's eligibility based on the HCD application and policies/programs that the City currently has in place or will have after the actions/programs included in the City's Housing Element Update are implemented. The City's 2022 Housing Element was certified by HCD in November 2023. Staff is currently drafting numerous 'residential readiness' Code amendments in alignment with goals outlined in the 2022 Housing Element, which will be considered by Council later this spring. Those amendments are time-sensitive State mandates that will assist in Chico's Pro-housing scoring, should the City pursue the designation from HCD. (Report - Brendan Vieg, Community Development Director) Recommendation : The Community Development Director recommends that, following a brief staff presentation, Council discuss the City's eligibility for HCD's Pro-housing Designation Program and provide direction.
5.3. Staff Report
5.4. CONSIDERATION OF 12/13/23 FINANCE COMMITTEE RECOMMENDATION Council was asked to consider and approve the recommendation made by the Finance Committee at its 12/13/23 meeting. If accepted, staff will return with more information and next steps at a future Council meeting. (Councilmember Sean Morgan, Chair)
Recommendation : Accept the Finance Committee recommendation.
5.4. FC Recommendation
5.4. FC Staff Report
Measure H At Risk
Measure H Chico Tax Resolution 35-22
Measure H Impartial Analysis
CA City Finance Analysis of Impacts
Law.com Article - CA Supreme Court Review
2022 Election Results
5.5. CONSIDERATION OF VICE MAYOR REYNOLDS' REQUEST FOR A DISCUSSION REGARDING MOBILE HOME PARKS At its meeting of November 7, 2023, the Council voted 6-1, with Coolidge opposed, to agendize a discussion regarding mobile home parks to see if there were ordinances that could be enacted that would assist the community.
5.5. Vice Mayor Reynolds request - Mobile Home Parks
5.6. CONSIDERATION OF MAYOR COOLIDGE'S REQUEST FOR A DISCUSSION REGARDING CAL WATER At its meeting of December 5, 2019, the Council voted 6-1, with Morgan opposed, to agendize a discussion regarding a request for a Cal Water presentation on its citywide savings program, with Council to consider taking action to implement.
5.6. Mayor Coolidge request - CalWater
5.7. CONSIDERATION OF MAYOR COOLIDGE'S REQUEST FOR A DISCUSSION REGARDING PARKING OF LARGE TRUCKS, BOATS, AND RVs ON CITY STREETS At its meeting of December 5, 2024, the Council voted 6-1, with Morgan opposed, to agendize a discussion of Code Enforcement requirements for large trucks, boats, and RVs on the City streets.
5.7. Mayor Coolidge request - large vehicle parking
5.8. 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 coud 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 was needed in order for staff to agendize.
6.3. SUNSHINING OF DRAFT MOU - UNITED PUBLIC EMPLOYEES OF CALIFORNIA, 792 - 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 UPEC 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 February 6th, 2024. (Chelsea Phebus, Director of Human Resources & Risk Management)
6.3. Staff Report
7. ADJOURNMENT - Adjourned at 9:34 p.m. to the City Council Closed Session meeting on Tuesday, February 6, 2024, at 5:00 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
January 16, 2024
5:30 p.m.
01/16/24 CC Agenda
1. CALL TO ORDER IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All Councilmembers were present.
2. CLOSED SESSION AGENDA
There were no speakers on the Closed Session items. Councilmember Tandon announced that she would be recusing herself on the SEIU portion of Item 2.1. Labor Negotiations due to her husband being in that group. She was not present in Closed Session for that discussion, but returned to hear the remaining labor negotiating 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. 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
2.3. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting adjourned at 6:20 p.m. to the Adjourned Regular City Council Meeting on January 16, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.