REGULAR CHICO CITY COUNCIL MEETING April 16, 2024
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. Call to Order - Mayor Coolidge called the April 16, 2024 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber located at 421 Main Street, Chico, CA. 4/16/24 Agenda
1.2. Invocation - Chaplain Tony Stover
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
1.5. April 16, 2024 Closed Session Announcement - City Attorney John Lam
1.6. Arbor Day Proclamation
1.7. Presentation - Genesis Two-Year Status Report by Amber Abney-Bass, Executive Director of the Jesus Center
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine in nature.
2.1. RESOLUTION NO. 35-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DECLARING PUBLIC NUISANCE AND SETTING TIME FOR HEARING ON OBJECTIONS TO ABATEMENT AND ASSESSMENT OF COSTS RELATED TO THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND/OR DEBRIS The lot clearing and weed abatement program is conducted each year under the provisions of the California Government Code. Adoption of this resolution will: (1) require the abatement of weeds, rubbish, refuse and/or debris; (2) set a public hearing for 5/07/24; and (3) direct the City Clerk to mail notices of the public hearing to all owners of affected parcels. (Charlene Durkin, Code Enforcement Supervisor)
2.1. Staff Report
2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-ASD-003 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)
2.2. Staff Report
2.3. APPROVAL OF COUNCIL MEETING MINUTES OF 3/5/24, 3/19/24, AND 4/2/24 3/5/24 Draft Minutes
3/19/24 Draft Minutes
4/2/24 Draft Minutes
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. PUBLIC COMMENTS
4. PUBLIC HEARINGS
4.1. HEARING TO CONSIDER THE 2024-2025 DRAFT ANNUAL ACTION PLAN FOR THE USE OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANT (HOME) FUNDS The City receives an annual award of community development and housing funds from the Federal Department of Housing and Urban Development (HUD). Each year, the City must submit an Annual Action Plan (AAP) to HUD describing the City's plans for using these funds in the upcoming year. (Report - MaryJo Alonzo, Housing Program Analyst)
Recommendation : The Community Development Director recommends that City Council 1) Hold a public hearing on the Draft 2024-2025 Annual Action Plan; 2) Consider any public comment received during the hearing; and 3) Schedule a public hearing on the final Annual Plan at the end of the 30-day public comment period to be held during the City Council meeting on May 21, 2024.
4.1. Staff Report
5. REGULAR AGENDA
5.1. INTERNAL AFFAIRS COMMITTEE RECOMMENDATION - CHICO MUNICIPAL CODE AMENDMENTS PERTAINING TO PERMITTING OF COMMERCIAL CANNABIS BUSINESSES At its meeting of 3/4/24, the Committee discussed the Chico Municipal Code (CMC) pertaining to permitting of commercial cannabis businesses. The CMC currently permits the operation of a "manufacturing" cannabis business only if the operator holds a Type 6 - Non-Volatile or Type 7 - Volatile State Manufacturing License. The CMC also is silent on a required opening date. The Committee was asked to consider whether or not the City Council should consider amending CMC Chapters 5.42, 19.75 and 5R.42 therefore allowing the addition of Type N and Type P licenses and to require licensees to begin business operations in the city within three years of issuance of a commercial cannabis permit and to allow for minor amendments to correct typographical errors. (Report - Councilmember van Overbeek, Chair of the Internal Affairs Committee) Recommendation : The IAC recommends the City Council: 1) Approve an amendment to the Code to include Type N and Type P State Manufacturing Licenses, thus permitting manufacturing to package or repackage cannabis or cannabis products or label or re-label its container, and/or 2) Approve an amendment to the Code requiring a permittee to begin business operations in the City of Chico within three years of issuance of a commercial cannabis permit, or January 1, 2027, whichever occurs later, and/or 3) Approve an amendment to the Code to correct typographical errors.
5.1. 3/4/24 IAC Report
5.2. INTERNAL AFFAIRS COMMITTEE RECOMMENDATION - COMMUNITY BENEFITS AGREEMENT WITH COMMERCIAL CANNABIS BUSINESSES At its meeting of 4/1/24, the Committee discussed the City's requirement for commercial cannabis businesses to enter into a Community Benefits Agreement to operate within the City. In accordance with the Agreement, each licensee agrees to pay five percent of its prior year's revenue to a Community Benefits fund, with payment occurring in full by June 30 of the following year. The Committee was asked to consider an amendment to the Community Benefits Agreement that would require payments to be made within 60 days of the previous quarterly revenue reported rather than one installment per year in full. (Report - Councilmember van Overbeek, Chair of the Internal Affairs Committee) Recommendation : The IAC recommends the City Council approve an amendment to the Community Benefits Agreement, requiring payments to be made within 60 days of previous quarterly revenue reported rather than one installment per year in full and to take effect in the 2nd Quarter 2024 with 1st Quarter 2024 and calendar year 2023 revenue reported paid by June 1, 2024.
5.2. 4/1/24 IAC Report
5.3. BELL MUIR SPECIAL PLANNING AREA APPROACH
At its 2/20/24 meeting, as part of the approval of the Orchard Creek Estates Subdivision, Council requested that staff return at a future meeting with a recommendation to promote future growth of the Bell Muir Special Planning Area (SPA) in a contiguous and orderly fashion. The Bell Muir SPA is located outside Chico city limits, but within the City's sphere of influence, which means for future development to occur in the City annexation is required. Staff recommended removal of the General Plan SPA requirements for the Bell Muir area, pre-zoning and designating the area for single-family development, and planning for infrastructure needs (e.g., sewer, storm drain, and circulation) to support buildout of the area. (Report - Brendan Vieg, Community Development Director) Recommendation : The Community Development Director recommends that Council consider staff's recommendation and provide direction.
5.3. Staff Report
5.4. AMENDMENTS TO ADMINISTRATIVE POLICIES AND PROCEDURES (AP&P) The Administrative Policies and Procedures of the City of Chico were created to ensure proper protocol and procedures are being followed. The Council was asked to consider updates to four AP&P's, that if approved, will bring said policies up to date. Most proposed changes were routine in nature. One additional request was to ask the Mayor to appoint three members of Council to serve on the ad hoc Council Procedure's Committee in order to conduct a complete review of AP&P 10-10 related to Council procedures since the last review occurred four years ago. (Report - Debbie Presson, City Clerk)
Recommendation : The City Clerk recommends the City Council approve: (1) proposed amendments to AP&P 10-1 (Board Commission, Advisory Committees and Task Force Rules), AP&P 10-2 (Room Reservation for City Facilities), AP&P 10-10 (City Council Rules of Procedure) and AP&P 10-32 (Televising or Videotaping in City Council Chambers; and (2) authorize the Mayor to appoint three members of Council to the ad hoc Council Procedures Committee with the request to conduct a complete review of AP&P 10-10 (City Council Rules of Procedure), with any proposed changes brought back to the full Council for consideration.
5.4. Staff Report
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 - None
7. ADJOURNMENT - Recessed at 7:19 p.m. into Closed Session for performance evaluations. Following the announcement that no action was taken; direction was provided, the meeting was adjourned at 8:15 p.m. to the City Council Closed Session meeting on Tuesday, May 7, 2024, at 5:00 p.m., or 5:30 p.m. followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.
CLOSED SESSION
Minutes
April 16, 2024
4/16/24 Agenda
1. CALL TO ORDER IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All members were present.
2. CLOSED SESSION AGENDA - There were no speakers and one disqualification related to Councilmember Tandon having a financial conflict of interest on the SEIU labor negotiations. She was not present in the room during that discussion.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Cal. 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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2) and (e)(1): One (1) case
2.4. PUBLIC EMPLOYEE QUARTERLY PERFORMANCE EVALUATION: Pursuant to Cal. Gov. Code Sec. 54957(b). Title: City Attorney, City Clerk, City Manager
2.5 CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting adjourned at 5:58 p.m. to the Adjourned Regular City Council Meeting on April 16, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA and then recessed back into Closed at 7:19 p.m. The meeting was then concluded at 8:15 p.m., following the Closed Session Announcement.