ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - May 7, 2024 Minutes
1.1. Call to Order - Mayor Coolidge called the May 7, 2024 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.2. Invocation - Pastor Bryan Meyers, Grace Community Church
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent:
1.5. May 7, 2024 Closed Session Announcement - City Attorney John Lam City Attorney Lam announced that Council met in Closed Session at 5:00 p.m. with staff regarding the items listed on the agenda. It was further noted that Councilmember Tandon recused herself trom participating in the discussion related to SEIU under Item 2.1. Labor Negotiations. She joined Closed Session at the conclusion of that discussion and participated in the remaining discussions.
Item 2.1. Labor Negotiations - Council was briefed; direction was provided.
Item 2.2. Warren v City of Chico - Council was briefed; direction was provided.
Item 2.3. Performance Evaluations of Public Employees - No action was taken.
1.6. Proclamation - Small Business Month
2. CONSENT AGENDA
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the Consent Agenda, as read, with it noted that Councilmember van Ovebeek announced his recusal on Items 2.2. and 2.5. due to a personal conflict of interest.
At the request of Councilmember Winslow, Item 2.6. was removed from Consent for further discussion. It was further noted that Councilmember Winslow voted "no" on Item 2.7 The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. RESOLUTION NO. 36-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
INITIATING PROCEEDINGS AND ORDERING THE PRELIMINARY ENGINEER'S REPORT FOR
THE ANNUAL ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2024/2025 RESOLUTION NO. 37-24 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO
PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT, AND DECLARING THE
CITY'S INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2024/2025, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING Adopted resolutions to initiate proceedings and declare the Council's intent to levy and collect the annual assessments for the Husa Ranch/Nob Hill Neighborhood Park Landscaping and Lighting District No. LLD 001-08 for the 2024/2025 fiscal year, and to set a public hearing on June 4, 2024 regarding this proposed assessment. (Erik Gustafson - Public Works Director - Operations & Maintenance)
May 7, 2024 City Council Minutes Page 1
2.2. MINUTE ORDER NO. 02-24 - AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A
FORGIVABLE LOAN AGREEMENT BETWEEN THE CITY OF CHICO AND CAMINAR FOR
AFFORDABLE HOUSING FUNDS FOR REMODEL/CREATION OF ADDITIONAL UNIT AT AVENIDA APARTMENTS, 2505 ESPLANADE
Approved a minute order authorizing the City Manager to execute a Loan Agreement and any other documents necessary to facilitate the provision of funding to the project consistent with the Finance Committee recommendation at its April 17, 2024 meeting. The City Manager recommended approval of the Minute Order. (Marie Demers, Housing Manager)
2.3. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR BEER LOBO LLC, LOCATED AT 800 BROADWAY CHICO, CA 95928 APN 004-286-004 The Department of Alcoholic Beverage Control (ABC) has determined that Beer Lobo LLC, a beer tavern, located at 800 Broadway, Chico, has applied for a Type 42 on-sale beer and wine 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 42 license required a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police did not oppose a determination of public convenience or necessity. (Billy Aldridge, Chief of Police
2.4. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE GROCERY OUTLET INC., LOCATED AT 2160 PILLSBURY ROAD CHICO, CA 95973 APN 007-280-027 and wine 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 20 license required a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police did not oppose a determination of public convenience or necessity. (Billy Aldridge, Chief of Police)
2.5. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR KARAOKE TELEVISION, LOCATED AT 124 W. 2ND STREET CHICO, CA 95928 APN 004-071-019 The Department of Alcoholic Beverage Control (ABC) has determined that Karaoke Television., a Karaoke Bar/Individual Rooms, located at 124 W. 2ND Street, Chico, has applied for a Type 40 on- sale beer 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 40 license required a City Council determination that public convenience or necessity would be served by its issuance. The Chief of Police did not oppose a determination of public convenience or necessity. (Billy Aldridge, Chief of Police)
2.6. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - This item was removed from the Consent Agenda at the request of Councilmember Winslow for further discussion and separate action.
A side letter agreement between the City of Chico and International Association of Fire Fighters modifying the Memorandum of Understanding (MOU) effective July 1, 2021 - June 30, 2027, addressing pay step progression. (Chelsea Phebus, Director of Human Resources & Risk Management)
Following the comments by Councilmember Winslow, a motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to accept the side letter agreement between the City of Chico and International Association of Fire Fighters modifying the Memorandum of Understanding (MOU) effective July 1, 2021 - June 30, 2027.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
May 7, 2024 City Council Minutes Page/2
2.7. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO MANAGEMENT
EMPLOYEES
A side letter agreement between the City of Chico and Chico Management Employees modifying the Memorandum of Understanding (MOU) effective November 8, 2020 - June 30, 2027, addressing pay step progression. (Chelsea Phebus, Director of Human Resources & Risk Management) Councilmember Winslow voted against this item.
2.8. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO POLICE MANAGEMENT A side letter agreement between the City of Chico and Chico Police Management Group (CPM), modifying the Memorandum of Understanding (MOU) effective July 1, 2023 - June 30, 2026, addressing assigned extended coverage and shift stipend. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.9. RESOLUTION NO. 38-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
CONFIRMING THE CANVAS OF RETURNS AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2024
A Special Municipal Election was held on March 5, 2024, for the voters of the City of Chico to determine the outcome of Measure O, regarding Valley's Edge General Plan amendment and Measure P, regarding Valley's Edge Specific Plan. The results of the election reflected 37.27% of voters in favor and 62.73% of voters against Measure O. For Measure P, the election showed 37.81% in favor and 62.19% of voters against the measure. The City Clerk has certified the results and the official results of this election received from Butte County Clerk-Recorder, Keaton Denlay. By adoption of the resolution, the City Council formally confirmed the canvass of returns and declared the results of this election pursuant to Article 4, Chapter 2, Division 10 of the elections code. (Deborah R. Presson, City Clerk & Elections Official)
2.10. APPROVAL OF COUNCIL MEETING MINUTES OF 4/16/24
2.11. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.6
3. PUBLIC COMMENTS - Members of the public addressed the Council at this time on any matter 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 Nichole Nava, Sam Barber, George Deeds, and Katie Posey.
4. PUBLIC HEARINGS
4.1. HEARING ON RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE, AND DEBRIS TO BE A
PUBLIC NUISANCE - ORDERING ABATEMENT AND REMOVAL, SETTING A DEADLINE FOR
ABATEMENT, AND PROVIDING ASSESSMENT OF THE COST OF ABATEMENT Hearing to consider all objections to a resolution adopted 4/16/24, which declared a public nuisance relating to the abatement of weeds, rubbish, refuse and/or debris. (Report - Charlene Durkin, Code Enforcement Supervisor)
Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
May 7, 2024 City Council Minutes Pagel3
A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to accounting of costs associated with the abatement; and (5) provide the Council with a report of the costs to be recovered from property owners.
RESOLUTION NO. 39-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
OVERRULING OBJECTIONS TO RESOLUTION DECLARING WEEDS, RUBBISH, REFUSE, AND
DEBRIS TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT AND REMOVAL OF THE
WEEDS, RUBBISH, REFUSE, AND DEBRIS, AND PROVIDING FOR AN ASSESSMENT OF THE
COST OF SUCH ABATEMENT AND REMOVAL
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
4.2. HEARING ON RESOLUTION AMENDING THE CITY'S FEE SCHEDULE In accordance with Budget Policy E.5, changes in the City's Fee Schedule are to be brought to City Council annually. At this meeting, the City Council was asked to consider fee increases to be incorporated in the City's Fee Schedule. A public hearing will be conducted specifically to address proposed cost of living i increases to Development Impact Fees. (Report - Heather Childs, Accounting Manager)
Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed A motion was made by Councilmember Bennett and seconded by Councilmember Winslow to adopt the following resolution:
RESOLUTION NO. 40-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY'S FEE SCHEDULE (AMENDMENT NO. 351 - FEE SCHEDULES: 11.010,
11.130, 15.090, 15.115, 21.010, 21.025, 21.035, 30.020, 50.010, 50.020, 50.030, 50.040, 50.050,
50.060, 60.020, 60.110)
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
4.3. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 5.42, 19.75 AND 5R.42 OF THE
CITY OF CHICO MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS BUSINESSES AND an AMENDMENT TO THE COMMUNITY BENEFITS AGREEMENT
The City Municipal Code 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 Code also is silent on a required opening date once the licensee obtains the required permits, licenses, and other conditions. The City Council was asked to consider amending the Chico Municipal Code Chapters 5.42, 19.75 and 5R.42 therefore allowing the addition of a Type P license 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 and to amend 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. (Report - Hope Ithurburn, Management Analyst - City Manager's Office) May 7, 2024 City Council Minutes Page /4
Staff noted for the record that the section related to Title 19, (19.75) needed to be stricken from the proposed ordinance in order to allow for the Planning Commission to take up the proposed amendment separately.
Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to introduce and waive the first reading of the following ordinance, as amended to remove Section 19.75 from the ordinance, and (2) to amend the Community Benefits Agreement:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTERS 5.42, 19.75 AND 5R.42 OF THE CHICO MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS BUSINESSES, as amended to remove Section 19.75 from the ordinance.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5. REGULAR AGENDA
5.1. BUTTE COUNTY SOBERING CENTER MEMORANDUM OF UNDERSTANDING Butte County Behavioral Health is opening a Sobering Center in Chico. The Council was asked to :onsider a Memorandum of Understanding with Butte County that details the disbursement of opioi ettlement funds received by the City of Chico to support the sobering center project. (Report.
Jennifer Macarthy, Deputy City Manager)
Addressing the Council on this item was George Deeds.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to authorize the City Manager to enter into the following Agreement:
OPIOID SETTLEMENT FUND DISBURSEMENT/SOBERING CENTER SERVICES
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHICO AND COUNTY OF BUTTE The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.2. ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None 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 At its meeting of June 4, 2024, the Council will be provided with a presentation related to Mobile Home Park Rent Space Control. The City has been working with a consultant out of Southern California to bring information back for Council consideration.
6.2. APRIL 17, 2024 FINANCE COMMITTEE REPORT - Receive and file May 7, 2024 City Council Minutes Page|5
6.3. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
6.4. COUNCILMEMBER REQUESTS
CMC Chapter 12 Amendment - Councilmember van Overbeek
A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to agendize a discussion of a potential amendments to CMC 12R.32.070 to prohibit motorized vehicles and allow two-way bicycle/pedestrian traffic on Peterson Memorial Drive and South Park Drive in Bidwell Park.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
Bike Path Between CSU,Chico and the Railroad - Mayor Coolidge A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to agendize a discussion regarding the City turning over the bike path between Chico State and the Railroad easement, along with the property where that path crosses on Highway 32.
The City Manager stated for the record that the bike path area being discussed actually belongs to the Railroad with the City having only easement access. When that discussion comes back, the City would support turning it over to the University.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
7. ADJOURNMENT - Adjourned at 6.41 p.m. to the City Council Adjourned meeting on Tuesday, May 21, 2024, at 1:00 p.m. for the FY 2024/2025 Budget Workshop followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.
Date Approved: /drp 5/21/24
Verant fessen
Deborah R. Presson, MMC, City Clerk
May 7, 2024 City Council Minutes Page |6
CLOSED SESSION MEETING
Minutes
May 7, 2024
1. CALL TO ORDER IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All Members Present
CLOSED SESSION AGENDA
Councilmember Tandon recused herself from participating in the discussion on Item 2.1. Labor Vegotiations discussion related to SEIU due to a personal financial interest. She did not attend thai art of the meeting. There were no speakers for the Closed Session items
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Cal. Gov. Code Sec. 54957.6 - Council was briefed; direction was provided
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; direction was provided
2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Cal. Gov. Code Sec. 54957(b).
Title: City Attorney, City Clerk, City Manager - No action was taken.
2.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting adjourned at 5:35 p.m. to the Regular Session at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 5/21/24
War thesen
Deborah R. Presson, MMC, City Clerk
May 7, 2024 City Council Minutes Page /7