ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - February 20, 2024 Minutes
1.1. Call to Order - Mayor Coolidge called the February 20,2024 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.2. Invocation - Chaplain Joel Krise
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
1.5. February 20, 2024 Closed Session Announcement - City Attorney John Lam The City Attorney announced that upon the conclusion of the regular session, Council and staff will need to recess back into Closed Session to address the items that were not able to be discussed in the 5:00 p.m. session. The Closed Session announcement will occur at the end of that session.
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine in nature and could therefore be enacted in one motion.
A motion was made by Councilmember Winslow 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
2.1. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE BLUE BIRD LIQUOR, LOCATED AT 2540 ESPLANADE #1 CHICO, CA 95973 APN 006-060-060 The Department of Alcoholic Beverage Control (ABC) determined that Blue Bird Liquor, a convenience market and deli, located at 2540 ESPLANADE #1, Chico, had applied for a Type 21 off- sale general, beer, wine and distilled spirits ABC license in an area with an undue concentration of alcoholic beverage licenses. Pursuant to Business and Professions Code Sections 23958.4, the requested Type 21 license required a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police did not oppose the determination of public convenience or necessity. (Billy Aldridge, Chief of Police)
2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-ASD-002
The Administrative Services Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2032-24 Budget. (Barbara Martin, Administrative Services Director
2.3. DOWNTOWN CHICO PROPERTY BASED IMPROVEMENT DISTRICT 2023 ANNUAL REPORT The Downtown Chico Property Based Improvement District (PBID) is funded through an annual assessment of properties within the area serviced by the PBID. The California Streets & Highways Code requires the PBID Owners Association to prepare an annual report each fiscal year and file such report with the City Clerk. (Jennifer Macarthy, Deputy City Manager)
2.4. APPROVAL OF COUNCIL MEETING MINUTES OF 2/6/24
February 20, 2024 City Council Minutes Pagel1
2.5. 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 and within the jurisdiction's authority. The Council was prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were Curtis Anderson, Rob Berry, Sascha Anya, Julie Threet, and Julia Keener.
4. PUBLIC HEARINGS
4.1. THE ORCHARD CREEK ESTATES PROJECT (2516, 2608, AND 2676 NORD AVENUE, 1181 HENSHAW AVENUE, and 1110 W. EAST AVENUE)
A hearing was held regarding the adoption of a resolution, and introductory reading of an ordinance that, if adopted, would: (1) amend the General Plan and pre-zoning of a 20-acre site comprising three parcels, located within unincorporated Butte County, California, prior to annexation of the site into the city limits of the City of Chico. The Masonic Family Center located at 1110 W. East Avenue would be pre-zoned PQ (Public/Quasi Public Facilities), reflecting a continuation of the existing use, and the two former walnut orchard parcels would be pre-zoned R1 (Low Density Residential), consistent with the proposed subdivision, and (2) approve a subdivision of 15-acres (APNs 042-070-196 and 042- 740-020) to create and improve 74 lots with internal streets developed consistently with City standards. The Planning Commission voted at its January 18, 2024 meeting to forward a recommendation to the City Council to deny the requests. A Mitigated Negative Declaration and Mitigation Monitoring Program was prepared to satisfy the requirements of the California Environmental Quality Act (CEQA). (Report - Mike Sawley, Principal Planner) Announcement of Ex Parte Communications
Councilmember Bennett - Jake Morley and staff
Vice Mayor Reynolds - Chuck Tatreau and staff
Councilmember Tandon - Chuck Tatreau
Councilmember Winslow - Chuck Tatreau
Councilmember Morgan - Chuck Tatreau and Planning Commissioner Scott Mayor Coolidge opened the hearing to the public.
Addressing the Council on behalf of the project was Jake Morley.
Other speakers included Doris Schell, Christine Graf, David Siriam, Tammy Solano, Jacy Krooh, Carl Henker, Carrie Tatreau, Holly Hack, Steven Cismowski, Tim Thompson, Kevin Gallant, Steven James, Tim Cooper, Josh Shelton, David Miller, Robin McCollum, Ben Reed, Austin Barron, Bill Hack, and Dan Heal.
The hearing was closed to further comment.
A motion was made by Councilmember Winslow to table approval of this project and to direct staff to engage with property owners about master planning and have Council have its own discussion on the future of the Bell Muir special planning area.
The motion died for a lack of a second.
A motion was made by Councilmember van Overbeek to approve the project; introduce the following ordinance by the reading of title only; and adopt the resolution:
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PRE-ZONING OF PROPERTIES IDENTIFIED AS ASSESSOR'S PARCEL NOS. 042-740-020 AND 042-070-196 TO R1 (LOW DENSITY RESIDENTIAL), AND 042-070-197 TO PQ (PUBLIC/QUASI PUBLIC FACILITIES) _ (RZ 22-02; Orchard Creek Estates; Chuck Tatreau Construction, Inc.) - Introductory Reading
RESOLUTION NO. 27-24 - RESOLUTION OF THE CITY OF CHICO CITY COUNCIL ADOPTING
A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, APPROVING GENERAL PLAN AMENDMENT 22-04, AND CONDITIONAL APPROVAL OF SUBDIVISION 22-01 (Orchard Creek Estates - Tatreau Construction, Inc.) The motion died for a lack of a second
A final motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to introduce the ordinance by reading title only and adopt the resolution, as amended which was to include two additional conditions as recommended by staff thereby approving this project. It was also requested that staff bring back something in the future for Council discussion in order to review this Specific Planning Area and ensure that the future growth of that area be contiguous or done in an orderly fashion.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PRE-ZONING Introductory Reading
RESOLUTION OF THE CITY OF CHICO CITY COUNCIL ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM, APPROVING GENERAL PLAN AMENDMENT 22-04, AND CONDITIONAL APPROVAL OF SUBDIVISION 22-01 (Orchard Creek Estates - Tatreau Construction, Inc.)
Councilmember Bennett asked for a friendly amendment as a way of working with the concerned neighbors, with the stucco wall extended down Nord and around the corner near the first street and address the illumination by limiting the light poles to 18-feet maximum similar to the type that are on Manzanita. This change would keep the lighting level low and would not be offensive.
The friendly amendment was not accepted.
The original motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
The Council recessed at 7:52 p.m. for a ten-minute break. The meeting was reconvened, and all members were present.
REGULAR AGENDA
5.1. CAL WATER PRESENTATION AND POSSIBLE ACTION
At its meeting of January 16, 2024, the Council voted 6-0-1 (van Overbeek absent) to authorize a presentation by Cal Water regarding its citywide savings program with action being taken by Council to implement. The presentation included an overview of the Chico District, rebate programs, conservation savings, and potential water/cost savings opportunities for the City. (Report - Mayor A motion was made by Mayor Coolidge and seconded by Councilmember Bennett to approve moving forward with this program and ask staff to work with Cal Water on implementation.
February 20, 2024 City Council Minutes Page |3
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, Winslow, Reynolds, Coolidge NOES: van Overbeek
5.2. CONSIDERATION OF COUNCILMEMBER WINSLOW'S REQUEST - SELLING OF ALCOHOL
BAN ON SPECIFIC DATES
At its meeting of January 16, 2024, Council voted 7-0 to agendize a discussion regarding lifting the ban on selling alcohol after midnight on specified dates. (Report - Councilmember Winslow) Councilmember van Overbeek recused himself as he owns a bar in the area being discussed. He left the dais and the Chamber.
Police Chief Aldridge was asked for his opinion, and he said he would be willing to try two dates related to Labor Day and graduation.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to direct staff to bring back an updated municipal code amendment to allow for future changes to be made via a resolution and start with the two days of Labor Day and Graduation and once implemented, review it once a year to see if it needs to be amended.
The motion carried by the following vote:
AYES Bennett, Winslow, Reynolds, Coolidge
NOES: Morgan, Tandon
DISQ van Overbeek
5.3. CONSIDERATION OF COUNCILMEMBER VAN OVERBEEK'S REQUEST - LINDO CHANNEL
SEDIMENT CLEANUP
At its meeting of January 16, 2024, Council voted 7-0 to agendize a discussion regarding the accumulation of sediment in Lindo Channel so Council could ask engineering staff to provide ar update on solutions or an update on repairs. (Report - Councilmember van Overbeek, Robin McCollum addressed the Council on this item.
Staff confirmed that the City is aware of the situation and working in concert with Butte County to identify remedies.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to direct staff to report to the Council in a frequency that staff deems appropriate, regarding the progress on reaching a resolution to the problem.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
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5.4. CONSIDERATION OF COUNCILMEMBER WINSLOW'S REQUEST - BIKE PATH LIGHTING At its meeting of January 16, 2024, Council voted 7-0 to agendize a discussion regarding potential bike path crime prevention with environmental design. (Report - Councilmember Winslow) Addressing the Council on this item was Monica McDaniel.
A motion was made by Mayor Coolidge and seconded by Councilmember Tandon to consider this during the budget cycle with staff to review the current lighting status prior to discussion.
Councilmember Winslow asked for a friendly amendment to have staff come back with additional recommendations on the broader community design concepts, including the partnership with the University. The amendment was accepted.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
5.5. 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 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. 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.
Mayor Coolidge - Councilmember Comment Section
A motion was made by Mayor Coolidge and seconded by Councilmember Winslow to agendize a discussion of including an item on the agenda where Councilmembers could report on items of interest for three minutes during meetings.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
Council recessed back into Closed Session at 9:08 p.m. All members attended Closed Session. The meeting was reconvened at 9:36 p.m.
Closed Session Announcement - City Attorney Lam announced that Council met in Closed Session with staff and all members of Council. It was noted for the record that Councilmember Tandon recused herself on the SEIU Labor Negotiations due to a personal conflict of interest. She was not present during that discussion but returned after it was finished. Council was briefed on all items as noted on the agenda with no formal action taken; direction was provided.
7. ADJOURNMENT - Following Closed Session and the subsequent announcement, the meeting was adjourned at 9:38 p.m. to the City Council Closed Session meeting on Tuesday, March 5, 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.
February 20, 2024 City Council Minutes Page /5
Date Approved: /drp 3/19/24
letrank Pressen
Deborah R. Presson, MMC, City Clerk
February 20, 2024 City Council Minutes Page /6
Closed Session
Minutes
February 20, 2024
1. CALL TO ORDER IN THE COUNCIL CHAMBER - 5:00 p.m.
1.1. ROLL CALL - All members were present.
CLOSED SESSION AGENDA - There were no speakers. Councilmember Tandon recused herself on SEIU negotiations due to a personal conflict of interest and left the Conference Room during the discussion. She returned to the room for the remaining labor negotiations and existing litigation discussions.
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 SECURITY OF PUBLIC BUILDINGS - Pursuant to Gov. Code Sec. 54957(a) Consultation With:
Chief of Police - Council was briefed; no action was taken. Direction was provided.
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; no action was taken. Direction was provided.
2.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): In re Endo International plc, et al., Case No. 22-22549 - Council was briefed; no action was taken. Direction was provided.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): City of Grants Pass v. Gloria Johnson, et al., Case No. 20-35752, 20- 35881 - Council was briefed; no action was taken. Direction was provided.
2.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): In re National Prescription Opiate Litigation, Case No. MDL 2804 - Council was briefed; no action was taken. Direction was provided.
2.7. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None ADJOURNMENT - The meeting recessed to the Adjourned Regular City Council Meeting on February 20, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA and following the regular session, recessed back into Closed Session at 9:08 p.m. to finish the remaining Closed Session matters.
Date Approved: /drp 3/19/24
essen
Deborah R. Presson, MMC, City Clerk
February 20, 2024 City Council Minutes Page (7