ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 16, 2024 Minutes
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.
1.2. Invocation - Chaplain Tony Stover
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. April 16, 2024 Closed Session Announcement - City Attorney John Lam City Attorney Lam announced that Council met in Closed Session with staff regarding the following items as listed on the agenda:
2.1. Labor Negotiations
Council was briefed; no action was taken. It was further noted that Councilmember Tandon was disqualified from participating in the SEIU labor contract discussion due to a personal conflict of interest. She was not in the room during that conversation.
2.2. Warren v. City of Chico
Council was briefed. No action was taken.
2.3. Anticipated Litigation (One Case)
Council was briefed. Direction was provided.
2.4. Public Employee Performance Evaluations of City Attorney, City Clerk, & City Manager Council was briefed; direction was provided.
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.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon 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
April 16, 2024 City Council Minutes Page /1
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 'alifornia Government Code. Adoption of this resolution will: (1) require the abatement of weeds ubbish, refuse and/or debris; (2) set a public hearing for 5/07/24; and (3) direct the City Clerk tr mail notices of the public hearing to all owners of affected parcels. (Charlene Durkin, Code Enforcement Supervisor)
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
2.3. APPROVAL OF COUNCIL MEETING MINUTES OF 3/5/24, 3/19/24, AND 4/2/24
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. PUBLIC COMMENTS
Addressing the Council were Lynn Haskell, Adam Fedeli, and Bill Monroe.
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) Mayor Coolidge opened the hearing to the public. Addressing the Council was Adam Fedeli. The hearing was closed to further comment.
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 was 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) April 16, 2024 City Council Minutes Page/2
A motion was made by Councilmember Bennett and seconded by Vice Mayor Reynolds to accept the Internal Affairs Committee recommendations to: (1) approve an amendment to the Code to include Type Nand Type P State Manufacturing Licenses, thus permitting manufacturing to package or repackage cannabis or cannabis products or label or re-label its container; (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 (3) approve an amendment to the Code to correct typographical errors.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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
A motion was made by Councilmember Bennett and seconded by Vice Mayor Reynolds to accept Quarter 2024 with 1st Quarter 2024 and calendar year 2023 revenue reported paid by June 1, The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 would be 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
Addressing the Council on this matter was Austin Barron.
A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to accept staffs recommendation for the 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.9., sewer, storm drain, and circulation) to support buildout of the area.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
April 16, 2024 City Council Minutes Page|3
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)
A motion was made by Councilmember van Overbeek and seconded by Vice Mayor Reynolds to ARap 1032 resung or Velang cry Come hanges, an a
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.
Councilmembers Winslow, Bennett and Mayor Coolidge were selected to serve on this ad hoc.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 - Following the end of the regular session, the Council recessed go back into Closed Session at 7:19 p.m. to continue performance evaluations.
The regular session of this meeting was reconvened at 8:13 p.m., and the City Attorney announced that the Council was briefed on the performance evaluations of the City Attorney, City Manager and City Clerk and that no action was taken. 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.
Date Approved: /drp 5/7/24
Sairand Messer
1 Deborah R. Presson, MMC, City Clerk
April 16, 2024 City Council Minutes Page|4
CLOSED SESSION
Minutes
April 16, 2024
1. CALL TO ORDER IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All members were present.
2. CLOSED SESSION AGENDA - There were no speakers. Councilmember Tandon announced that she was disqualified on Item 2.1., related to SEIU negotiations due to having a financial conflict of interest regarding SEIU labor negotiations. She left the room for this discussion.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Cal. Gov. Code Sec. 54957.6 - Council was briefed; no action taken. It was further noted that Councilmember Tandon was disqualified from participating in the SEIU labor contract discussion due to a personal conflict of interest. She was not in the room during that discussion.
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 - Council was briefed. No action was taken.
2.3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(d)(2) and (e)(1): One (1) case - Council was briefed. Direction was provided
2.4. PUBLIC EMPLOYEE QUARTERLY PERFORMANCE EVALUATION: Pursuant to Cal. Gov. Code Sec. 54957(b). Title: City Attorney, City Clerk, City Manager - - Council was briefed. No action was taken.
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 Session at 7:19 p.m. The meeting was then concluded at 8:15 p.m., following the Closed Session Announcement.
Date Approved: /drp 5/7/24
litand essen
Deborah R. Presson, MMC, City Clerk
April 16, 2024 City Council Minutes Pagel5