ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - June 4, 2024 Minutes
1.1. Call to Order - 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.
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
Present: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge
Absent: Tandon
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 from this meeting. Council was briefed on the following
2.1. Labor Negotiations - Direction was provided; no formal action was taken.
2.2. Warren v. the City of Chico - Direction was provided; no formal action was taken.
CONSENT AGENDA
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to approve the Consent Agenda, as read, with Item 2.5. removed for further discussion and with "no" votes made by Councilmember Winslow on Items 2.6. and 2.7.
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES None
ABSENT: Tandon
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.)
2.2. 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)
2.3. 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 June 4, 2024 City Council Minutes Page /1
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)
2.4. 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 BASTAX
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)
2.5. RESOLUTION NO. 51-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING TRAFFIC RETGULATION AMENDMENT NO. 864
The Public Works Director - Engineering recommended adoption of the resolution amending 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.
A motion was made by Councilmember Winslow to table this item. The motion died for a lack of a second.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 51-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING TRAFFIC REGULATION AMENDMENT NO. 864
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Reynolds, Coolidge NOES Winslow
ABSENT: Tandon
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 first orally reported a summary of the recommendation for final action related to the First 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.
June 4, 2024 City Council Minutes Page/2
Councilmember Winslow voted "no" on this contract amendment.
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 first orally reported a summary of the recommendation for final action related to the First 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 "no" on this contract amendment.
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)
2.9. APPROVAL OF COUNCIL MEETING MINUTES OF 5/21/24
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 was prohibited from taking any action on requests made under this section of the agenda.
Addressing the Council were Nichole Nava and Curtis Anderson.
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 this 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) Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
June 4, 2024 City Council Minutes Page/ 3
A motion was made by Councilmember Winslow and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 46-24 - 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
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Tandon
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 two members 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 Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed.
A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to introduce the following ordinance 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), as amended to reflect the affordability requirement for residential projects proposed in the IOMU zone be removed and multi-family residential uses allowed at a density range of 14-35 units/acre.
Adopt the following resolution to amend Table LU-2 of the Land Use Element of the General Plan as shown in Exhibit I:
RESOLUTION NO. 47-24 - 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)
Adopt the following resolution related to special restrictions on the sale and service of alcohol on certain days and at certain times:
June 4, 2024 City Council Minutes Page |4
RESOLUTION NO. 48-24 - 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 Adopt the following resolution to amend the General Plan Land Use Diagram for five parcels owned by the Chico Nut Company.
RESOLUTION NO. 49-24 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING GENERAL PLAN AMENDMENT 24-01 (CHICO NUT COMPANY) Introduce an ordinance 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)
The motion carried by the following vote:
AYES: Bennett, van Overbeek, Winslow, Coolidge
NOES: Morgan, Reynolds
ABSENT: Tandon
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.
Addressing the Council were Margaret Blake, Nichole Nava, John Finegan, Katie Hawley, Eric Booth, Samuel Steadman, Ann Bykerk-Kauffman, Whitney Garcia, Catherine Cottle, Larry Wahl, Frances M. Coulbourn, Susan Sparkle, Jeff Glatz, Bryce Goldstein, and Kirk Monfort.
For the record, Councilmember Morgan asked that any changes should be temporary and then brought back to Council for review 6 months after implementation.
Councilmember Winslow also stated that staff's recommendations should go above and beyond ADA requirements.
Vice Mayor Reynolds stated she supported closing it but felt that the process should be fixed. The Headway Transportation report was never brought back to Council after review by the Bidwell Park and Playground Commission.
A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to direct staff to review the results from the Headway Transportation survey/report from 2023 and come back with recommendations in the context of closing the roads being discussed on national holidays, Saturdays and Sundays.
Councilmember Morgan asked for a friendly amendment to let staff consider different days instead of closing it on the weekends. The amendment was not accepted.
Councilmember Morgan asked for a friendly amendment that the closure(s) were approved, the Council would conduct a 6-month review after implementation. The amendment was accepted.
June 4, 2024 City Council Minutes Page|5
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Winslow, Coolidge
NOES: Reynolds
ABSENT: Tandon
Council recessed at 7:45 for a 15-minute break. The meeting was reconvened, and all members were present, with Councilmember Tandon absent from the meeting.
5.2. CONSIDERATION OF MAYOR COOLIDGE'S REQUEST - BIKE PATH BETWEEN CSU, CHICO
AND THE RAILROAD
It its meeting on 5/7/24, the Council voted to agendize a discussion regarding the City turning ove he bike path between Chico State and the Railroad easement, along with the property where tha path crosses on Highway 32.
Curtis Anderson addressed the Council on this matter.
A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to direct staff to work with the University in the transferring of the bike path between Chico State and the Railroad easement, along with the path that crosses on Highway 32 to Chico State.
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Tandon
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) Sam Barber addressed the Council.
A motion was made by Councilmember Bennett and seconded by Councilmember van Overbeek to allocate $300,000 from the Fire Victim's Trust funds for fire hazard mitigation in Lindo Channel and direct staff to target the areas closest to the houses.
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Reynolds, Coolidge NOES: Winslow
ABSENT: Tandon
June 4, 2024 City Council Minutes Page/6
Genesis Pallet Shelter
A motion was made by Councilmember Winslow to allocate $200,000 for portable units for the Genesis Pallet Shelter, using funds from the reserves.
Staff asked for a clarification on what reserves were being proposed as using surplus funds could violate the City's official budget policies. Councilmember Winslow indicated then that the funds could come out of the General Fund or the Fire Victims Trust fund.
The motion to allocate the $200,000 failed due to a lack of a second.
A motion was made by Mayor Coolidge and seconded by Councilmember Winslow to allocate $100,000 for the proposed portables at the Genesis Pallet Shelter.
The motion failed by the following vote:
AYES: Bennett, Winslow, Coolidge
NOES: Morgan, van Overbeek, Reynolds
ABSENT: Tandon
Airport Revenue Guarantee Fund & TSA Building
A motion was made by Mayor Coolidge and seconded by Councilmember Bennett to allocate additional funding for Airport Revenue Guarantee Fund with $250,000 to be used for the TSA building and $300,000 to be allocated for the Revenue Guarantee Fund with both amounts coming from the Fire Victim's Trust funds.
The motion failed by the following vote:
AYES: Bennett, Reynolds, Coolidge
NOES: Morgan, van Overbeek, Winslow
ABSENT: Morgan
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to allocate $250,000 from the Fire Victim's Trust Fund to the Airport Revenue Guarantee Fund.
The motion carried by the following vote:
AYES: Bennett, Morgan, Reynolds, Coolidge
NOES: van Overbeek, Winslow
ABSENT: Tandon
Resolution Adopting the Proposed FY 2024 - 25 Budget
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to adopt the following proposed budget 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
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Reynolds, Coolidge NOES: Winslow
ABSENT: Tandon
June 4, 2024 City Council Minutes Page|7
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) Addressing the Council on this item was Nichole Nava.
Council agreed that the sunset date would be 15 years and agreed with the wording for the reauthorization of the 1% sales tax general municipal use.
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
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 was needed in order for staff to agendize.
Traffic Resolution Amendments - Councilmember van Overbeek A motion was made by Councilmember van Overbeek and seconded by Vice Mayor Reynolds to agendize a discussion regarding amending the Chico Municipal Code to authorize staff to make future decisions on Traffic Resolution Amendments which are currently being handled by the Internal Affairs Committee.
The motion carried by the following vote:
AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Tandon
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.
Date Approyed: /drp 6/18/24
Nebrate Presson
Deborah R. Presson, MMC, City Clerk
June 4, 2024 City Council Minutes Page 18
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Minutes
June 4, 2024
CALL TO ORDER IN THE COUNCIL CHAMBER - Mayor Coolidge called the June 4, 2024 Closed Session to order at 5:30 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.1. ROLL CALL - All members were present except for Councilmember Tandon.
2. CLOSED SESSION AGENDA - There were no speakers and no Council disqualifications. The Council then recessed into Conference Room 2 for Closed Session.
2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Cal. Gov. Code Sec. 54957.6 - Direction was provided; no formal action was taken.
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 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 - Direction was provided; no formal action was taken.
2.3. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The 5:30 p.m. Closed Session meeting was adjourned to the Regular City Council Meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 6/18/24
Veterand Presson
Deborah R. Presson, MMC, City Clerk
June 4, 2024 City Council Minutes Page /9