REGULAR CHICO CITY COUNCIL MEETING June 4, 2024
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. Call to Order - 6:00 p.m. - Mayor Coolidge called the June 4, 2024- Regular City Council meeting to order in the Council Chamber at 421 Main Street, Chico, CA at 6:00 p.m. 6/4/24 Agenda
1.2. Invocation – Sonny Baird, Church of Jesus Christ of Latter-day Saints
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
1.5. June 4, 2024 Closed Session Announcement - City Attorney John Lam It was announced that all members of Council were present in Closed Session except for Councilmember Tandon who was absent. Council was briefed on the following items, with staff. Direction was provided; no formal action was taken.
2.1. Labor Negotiations
2.2. Warren v. the City of Chico
2. CONSENT AGENDA - Item 2.5. was removed for further discussion.
2.1. ORDINANCE NO. 2599 - ORDINANCE OF THE COUNCIL OF THE CITY OF CHICO AMENDING PORTIONS OF CHAPTER 15.36 REGARDING ADMINISTRATION OF THE SEWER SYSTEM AND PROCESSING AND COLLECTION OF SEWER FEES - Final reading and adoption by reading of title only Adopted an ordinance amending Chico Municipal Code Chapter 15.36 regarding collection of delinquent sewer fees. (Erik Gustafson, Director of Public Works - Operations & Maintenance.)
2.1. Staff Report
2.2. RESOLUTION NO. 42-24 - 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 2770 EATON ROAD (PORTION OF 016-200-090) - EASTWOOD COURT, L.P., A CALIFORNIA LIMITED PARTNERSHIP Agreement for Acquisition of Real Property and Temporary Construction Easement (Eaton Road and Floral Avenue Roundabout CIP #50472). (Brendan Ottoboni, Public Works Director - Engineering)
2.2. Staff Report
2.3. RESOLUTION NO. 43.24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM 2255 E. 8TH STREET - ASSESSOR'S PARCEL NO. 002-150-012 RESOLUTION NO. 44-24 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 825 W. 8TH AVENUE - ASSESSOR'S PARCEL NO. 043-070-059 The Public Works Director-Engineering recommended the adoption of resolutions authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Brendan Ottoboni, Public Works Director-Engineering)
2.3. Staff Report
2.4. RESOLUTION NO. 45-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING THE FISCAL YEAR 2024-25 LIST OF PROJECTS FUNDED BY SB1 (GAS TAX) REVENUES The Public Works Director-Engineering recommended the adoption of a resolution approving the fiscal year 2024-25 list of projects funded by SB1 to be submitted to the California Transportation Commission (CTC) by July 1, 2024. (Brendan Ottoboni, Public Works Director - Engineering)
2.4. Staff Report
2.5. AMENDMENT TO THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING TRAFFIC REGULATION NO. 864 The Public Works Director - Engineering recommends adoption of Traffic Regulation Amendment No. 864 to create the modified preferential parking district. (Brendan Ottoboni, Public Works Director-Engineering)
At the request of Councilmember Winslow, this item was removed from the Consent Agenda for further discussion.
2.5. Staff Report
2.6. AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT
Council considered the First Amendment to the Amended Employment Agreement by and between Deborah R. Presson ("City Clerk") and the City of Chico ("City Clerk Employment Agreement") which proposed to amend Section 2.a of the City Clerk Employment Agreement to provide for a seven percent (7%) general salary increase commencing July 1, 2024 and a five percent (5%) general salary increase commencing July 1, 2025 to the City Clerk's base salary, and authorized the Mayor to execute the amendment on behalf of the City. All other terms of the City Clerk Employment Agreement shall remain the same. In compliance with Government Code Section 54953(c)(9), the City Attorney shall first orally report a summary of the recommendation for final action related to the First Amendment to the City Clerk Employment Agreement as follows:
In accordance with the Brown Act, it was announced that the City Council considered an amendment to the City Clerk Employment Agreement authorizing a seven percent (7%) base salary increase from $185,625 per year to $198,618.75 per year, effective July 1, 2024, and a five percent (5%) increase to the City Clerk's base salary then in effect, effective July 1, 2025.
Councilmember Winslow voted against this amendment.
2.6. Staff Report
2.6. Employment Agreement
2.7. AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
Council considered the First Amendment to the Employment Agreement by and between Mark Sorensen ("City Manager") and the City of Chico ("City Manager Employment Agreement") which proposed to amend Section 2.a of the City Manager Employment Agreement to provide for a seven percent (7%) general salary increase commencing July 1, 2024 and a five percent (5%) general salary increase commencing July 1, 2025 to the City Manager's base salary, and authorized the Mayor to execute the amendment on behalf of the City. All other terms of the City Manager Employment Agreement shall remain the same. In compliance with Government Code Section 54953(c)(9), the City Attorney orally reported a summary of the recommendation for final action related to the First Amendment to the City Manager Employment Agreement as follows:
In accordance with the Brown Act, it was announced that the City Council considered an amendment to the City Manager Employment Agreement authorizing a seven percent (7%) base salary increase from $207,000 per year to $221,490 per year, effective July 1, 2024, and a five percent (5%) increase to the City Manager's base salary then in effect, effective July 1, 2025.
Councilmember Winslow voted against this amendment.
2.7. Staff Report
2.7. Employment Agreement
2.8. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR PDQ MARKET AND DELI, LOCATED AT 156 EATON ROAD SUITE A CHICO, CA 95973 APN 006-210-052 The Department of Alcoholic Beverage Control (ABC) determined that PDQ Market and Deli., a convenience market w/gasoline, located at 156 Eaton Road Suite A, Chico, had applied for a Type 21 off-sale general 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 recommended a determination of public convenience or necessity. (Billy Aldridge, Chief of Police)
2.8. Staff Report
2.9. APPROVAL OF COUNCIL MEETING MINUTES OF 5/21/24
2.9. Draft Minutes
2.10. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.5.
3. PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda and were within the jurisdiction's authority. The Council could not take any action at this meeting on requests made under this section of the agenda.
Addressing the Council were Nichole Nava and Curtis Anderson.
4. PUBLIC HEARINGS
4.1. HEARING TO CONSIDER THE FINAL ANNUAL ENGINEER'S REPORT AND THE LEVY AND COLLECTION OF THE 2024-25 ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 On 5/07/24, the City Council adopted resolutions approving the preliminary Annual Engineer's Report ("Report") and declaring its intention to levy and collect the annual assessments for the Husa Ranch/Nob Hill Neighborhood Park Landscape and Lighting District No. LLD 001-08 ("LLD") for the 2024-25 fiscal year. The Council also scheduled tonight's public hearing to consider approval of the final Report and the proposed annual levy of $84.12/parcel, a $0.50 increase from the 2023-24 assessment. (Report - Linda Herman, Park and Natural Resources Manager) Recommendation : The Public Works Director-Operations & Maintenance recommends adoption of the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE FINAL ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE HUSA RANCH/NOB HILL NEIGHBORHOOD PARK LANDSCAPING AND LIGHTING DISTRICT NO. LLD 001-08 FOR FISCAL YEAR 2024/2025
4.1. Staff Report
4.2. RESIDENTIAL READINESS AMENDMENTS - CODE AMENDMENT 24-01, GENERAL PLAN TEXT AMENDMENT 24-03, AND GENERAL PLAN AMENDMENT/REZONE 24-01 (CHICO NUT COMPANY) Planning staff and the Planning Commission recommended amendments to Title 19 of the Chico Municipal Code, corresponding General Plan text amendments, and a proposed General Plan Amendment and Rezone of five parcels owned by the Chico Nut Company, collectively referred to as the "Residential Readiness" program, as the majority of proposed amendments are intended to streamline existing processes, reduce barriers for residential development, and facilitate housing production. The Code amendments implement Housing Element Actions, create consistency with policy direction in the General Plan, resolve minor inconsistencies in the Code, formalize interpretations made by the Community Development Director, respond to new State legislation, clarify terms and definitions, and address Council direction. Corresponding text amendments to the Land Use Element of the General Plan provide consistency with the proposed Code amendments. The proposed amendments do not propose any construction, demolition, or other activity that has the potential for causing a significant effect on the environment and are therefore exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Any future development projects would be reviewed on an individual basis for compliance with CEQA.
At its meeting of May 16, 2024, the Planning Commission voted unanimously (5-0, with 2 absent) to forward recommendations of approval to the City Council on the proposed amendments (CA 24-01, GPA 24-03, and GPA/RZ 24-01). (Report - Kelly Murphy, Senior Planner)
Recommendation : The Community Development Director recommend that the City Council hold a public hearing and:
1) Introduce an ordinance (Attachment A) to amend Title 19 of the Chico Municipal Code by reading its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING CODE AMENDMENT 24-01 AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO SUPPORT RESIDENTIAL READINESS (CITY OF CHICO) 2) Adopt a Resolution (Attachment B) to amend Table LU-2 of the Land Use Element of the General Plan as shown in Exhibit I.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN AMENDMENT 24-03 AMENDING TABLE LU-2 OF THE LAND USE ELEMENT OF THE GENERAL PLAN (CITY OF CHICO) 3) Adopt a Resolution (Attachment C) to adopt special restrictions on the sale and service of alcohol on certain days and at certain times.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING SPECIAL RESTRICTIONS ON THE SALE AND SERVICE OF ALCOHOL PURSUANT TO SECTION 19.76.200(G) OF THE CHICO MUNICIPAL CODE 4) Adopt a Resolution (Attachment D) to amend the General Plan Land Use Diagram for five parcels owned by the Chico Nut Company.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN AMENDMENT 24-01 (CHICO NUT COMPANY) 5) Adopt an Ordinance (Attachment E) to amend the Zoning Map for five parcels owned by the Chico Nut Company by reading its title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING REZONE 24-01 (CHICO NUT COMPANY)
4.2. Staff Report
5. REGULAR AGENDA
5.1. CONSIDERATION OF COUNCILMEMBER VAN OVERBEEK’S REQUEST - CMC CHAPTER 12R AMENDMENTS At its meeting on 5/7/24, the Council voted to agendize a discussion of 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.
5.1. Councilmember van Overbeek Request
5.2. CONSIDERATION OF MAYOR COOLIDGE'S REQUEST - BIKE PATH BETWEEN CSU, CHICO AND THE RAILROAD At its meeting on 5/7/24, the Council voted 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.
5.2. Mayor Coolidge Request
5.3. RESOLUTION TO ADOPT THE FY2024-25 PROPOSED ANNUAL BUDGET - Discussion continued from 5/21/24 Council Meeting At its meeting of May 21, 2024, the 2024-25 Proposed Budget was presented and discussed by the City Manager and Department Directors with the City Council. In order to allow for additional discussion on specific areas as outlined in the report, the City Council referred the approval of the Proposed Budget for the City of Chico and the Successor Agency to the Chico Redevelopment Agency to its June 4, 2024 meeting. (Report - Mark Sorensen, City Manager)
Recommendation : The City Manager recommends adoption of the following resolution:
RESOLUTION NO. 50- 24 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ADOPTING THE 2024-25 PROPOSED BUDGET FOR THE CITY OF CHICO AND THE SUCCESSOR AGENCY TO THE CHICO REDEVELOPMENT AGENCY
5.3. Staff Report
Budget
5.4. MEASURE H REAUTHORIZATION RESOLUTION AND ORDINANCE The Council was asked to review the content of the ordinance and resolution to place a Measure H reauthorization action on the November 2024 ballot. (Report - Mark Sorensen, City Manager)
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. FINAL MAP PENDING APPROVAL: Meriam Park Subdivision, Block 600 (S 20-01) Received 5/21/24.
6.3. 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 is needed in order for staff to agendize.
7. ADJOURNMENT - Adjourned at 8:44 p.m. to the City Council Closed Session meeting on Tuesday, June 18, 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 MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
June 4, 2024
5:30 p.m.
Chico Municipal Center, Conference Room 2
421 Main Street, Chico, CA
6/4/24 Agenda
1. CALL TO ORDER IN THE COUNCIL CHAMBER
1.1. ROLL CALL
2. CLOSED SESSION AGENDA - Members of the public may address the Council at this time on any item on the Closed Session agenda, with comments being limited to three minutes or as determined by the Mayor based on the number of speakers.
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. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA
3. ADJOURNMENT - The meeting will adjourn to the Regular City Council Meeting on June 4, 2024, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.