1/17/23 City Council

# ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - January 17, 2023 Minutes

## 1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.

1.2. Call to Order - Mayor Coolidge called the January 17, 2023 - Adjourned Regular meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

## 1.3. Invocation – Police Chaplain, JD Juarez

## 1.4. Pledge of Allegiance to the Flag

## 1.5. Roll Call

Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge Absent: None

## 1.6. January 17, 2023 Closed Session Announcement

The City Attorney announced that Council met with staff in Closed Session on the following items:

## 2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 – No action taken; direction was provided. Negotiator: Laura Izon (Atkinson, Andelson, Loya, Ruud and Romo law firm (AALRR)) 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 – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement – No on Measure H et al v. City of Chico, et al – No action taken; update was provided.

2.3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): USDC - Eastern District, Case No.: 2:18-CV-KJM-DMC: Grace Dwyer v. City of Chico, et al – Direction was provided.

2.4. 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 – Update was provided.

2.5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): Renewed Demand for Confidential Personnel Police Records under the California Public Records Act (Gov. Code Sec. 7920.000, et seq.; formerly Gov. Code Sec. 6250, et seq.) – Update was provided.

## 1.7. Proclamation – Dino Corbin, 50 Years of Service

## 1.8. Presentation – Jesus Center, Amber Abney-Bass

## 2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.

Councilmember van Overbeek announced that he was disqualified from participating on Item 2.1. due to his residence being within 500 ft. of the area being discussed.

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Addressing the Council on the Consent Agenda were James Hutchinson, Nancy Park, Nichole Nava, Grace Marvin, Peg Howard, Patrick Newman, Nancy McCune, Jesica Giannola, Blake Ellis, and Richard Harriman.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read, with Councilmember van Overbeek disqualified on item 2.1. due to his residence being within 500 ft. of the proposed development.

The motion carried by the following vote:

AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow

2.1. ORDINANCE NO. 2582 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA - Final reading and adoption by reading of title only

ORDINANCE NO.2583 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO ADD THE VALLEY'S EDGE SPECIFIC PLAN ZONING OVERLAY DISTRICT - Final reading and adoption by reading of title only

ORDINANCE NO.2584 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO LAND INVESTMENTS, LLC - Final reading and adoption by reading of title only

This item was removed from the Consent Agenda and acted on separately. Councilmember van Overbeek also recused himself from this item due to owning property within 500 ft. of the area being discussed.

On 01/03/2023, the City Council conducted a public hearing and introduced ordinances that would: (1) amend the pre-zoning of the subject site consistent with the VESP, (2) amend the municipal code to add a zoning overlay that would implement the VESP, and (3) approve Development Agreement 22-01, between the City of Chico and Chico Land Investments, LLC, regarding development of the VESP. The 1,448-acre site located immediately east of the City limits between Stilson Canyon Road, and Honey Run Road, with access from East 20th Street and Skyway Road, identified by Assessor's Parcel Nos. 018-390-005, 018-390-007, 017-210-005, 017-210-006, 017-240-023, and 017-260-119. (Mike Sawley, Principal Planner)

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt the following ordinances:

ORDINANCE NO. 2582 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA - Final reading and adoption by reading of title only

ORDINANCE NO. 2583 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO ADD THE VALLEY'S EDGE SPECIFIC PLAN ZONING OVERLAY DISTRICT - Final reading and adoption by reading of title only

ORDINANCE NO. 2584 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO LAND INVESTMENTS, LLC - Final reading and adoption by reading of title only

The motion carried by the following vote:

AYES: Bennett, Morgan, Tandon, Reynolds, Coolidge NOES: Winslow DISQ: van Overbeek

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## 2.2. ORDINANCE NO. 2585- ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION - Final reading and adoption by reading of title only

## 2.3. RESOLUTION NO. 10-23 - 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 - 1316 NORD AVENUE - ASSESSOR'S PARCEL NO. 043-200-004 (Petition from property owner Islamic Center of Chico, Inc. by Ahmed Abouesh)

Adopted a resolution authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Leigh Ann Sutton, Public Works Director - Engineering)

## 2.4. RESOLUTION NO. 11-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE PORTIONS OF THE BRICE AVENUE AND LA VISTA WAY PUBLIC RIGHT-OF-WAY

Adopted a resolution of intention to abandon and vacate a portion of Brice Avenue and La Vista Way public right-of-way as shown on the map entitled "College Terrace" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at page 5 and on the map entitled "College Park" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at pages 32-33. The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. (Leigh Ann Sutton, Public Works Director - Engineering)

1/17/23 City Council

REGULAR CHICO CITY COUNCIL MEETING January 17, 2023 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 1/17/23 Agenda

1.2.

Call to Order - Mayor Coolidge called the January 17, 2023 - Adjourned Regular meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3.

Invocation – Police Chaplain, JD Juarez

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

January 17, 2023 Closed Session Announcement

1.7.

Proclamation – Dino Corbin, 50 Years of Service

1.8.

Presentation – Jesus Center, Amber Abney-Bass

2.

CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.

2.1.

ORDINANCE NO. 2582 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE PREZONING OF PROPERTY WITHIN THE VALLEY'S EDGE SPECIFIC PLAN AREA - Final reading and adoption by reading of title only ORDINANCE NO.2583 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO ADD THE VALLEY'S EDGE SPECIFIC PLAN ZONING OVERLAY DISTRICT - Final reading and adoption by reading of title only ORDINANCE NO.2584 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHICO AND CHICO LAND INVESTMENTS, LLC - Final reading and adoption by reading of title only On 01/03/2023, the City Council conducted a public hearing and introduced ordinances that would: (1) amend the pre-zoning of the subject site consistent with the VESP, (2) amend the municipal code to add a zoning overlay that would implement the VESP, and (3) approve Development Agreement 22-01, between the City of Chico and Chico Land Investments, LLC, regarding development of the VESP. The 1,448-acre site located immediately east of the City limits between Stilson Canyon Road, and Honey Run Road, with access from East 20th Street and Skyway Road, identified by Assessor's Parcel Nos. 018-390-005, 018-390-007, 017-210-005, 017-210-006, 017-240-023, and 017-260-119. (Mike Sawley, Principal Planner ) 2.1. Staff Report

2.2.

ORDINANCE NO. 2585- ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 12 OF THE CITY OF CHICO MUNICIPAL CODE TO SPECIFY THAT VIOLATIONS OF CHAPTER 12.18 SHALL BE A MISDEMEANOR OR INFRACTION - Final reading and adoption by reading of title only 2.2. Staff Report

2.3.

RESOLUTION NO. 10-23 - 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 - 1316 NORD AVENUE - ASSESSOR'S PARCEL NO. 043-200-004 (Petition from property owner Islamic Center of Chico, Inc. by Ahmed Abouesh) Adopted a resolution authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. ( Leigh Ann Sutton, Public Works Director -Engineering ) 2.3. Staff Report

2.4.

RESOLUTION NO. 11-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE PORTIONS OF THE BRICE AVENUE AND LA VISTA WAY PUBLIC RIGHT-OF-WAY Adopted a resolution of intention to abandon and vacate a portion of Brice Avenue and La Vista Way public right-of-way as shown on the map entitled "College Terrace" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at page 5 and on the map entitled "College Park" filed for record in the office of the Butte County Recorder under Book 14 of Maps, at pages 32-33. The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. ( Leigh Ann Sutton, Public Works Director - Engineering ) 2.4. Staff Report

2.5.

RESOLUTION NO. 12-23 - RESOLUTION OF INTENTION TO ABANDON AND VACATE PORTIONS OF THE CHESTNUT STREET PUBLIC RIGHT-OF-WAY AND ADJACENT ALLEYS/PUBLIC UTILITY EASEMENTS IN BLOCK 19 OF THE MAP ENTITLED "BARBER FIRST ADDITION TO CITY OF CHICO" Adopted a resolution of intention to abandon and vacate portions of the Chestnut Street public right-of-way and adjacent alley/public utility easements in Block 19 of the entitled "Barber First Addition to the City of Chico." The Public Works Director recommended adoption of the resolution scheduling a public hearing on February 21, 2023. (Leigh Ann Sutton, Public Works Director - Engineering) 2.5. Staff Report

2.6.

RESOLUTION NO. 13-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS Adopted a resolution adopting a revised records retention schedule. The City has been upgrading its records management program, including its records retention policies. The adoption of this retention schedule will result in efficiency gains and cost savings. Chico selected Gladwell Governmental Services, Inc., an expert in local government records, to upgrade its records management program. An upgrade in the existing program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, and take advantage of current technology and changes in law. ( Deborah R. Presson, City Clerk & Elections Official) 2.6. Staff Report

2.7.

RESOLUTION NO. 14-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, RESCINDING THE LOCAL EMERGENCY DECLARED BY THE CITY OF CHICO DUE TO THE OUTBREAK OF COVID-19 AND RESCINDING RESOLUTIONS THAT DECLARED THE LOCAL EMERGENCY (RESOLUTION NOS. 7-20, 20-20, AND 41-20) Adopted a resolution rescinding the COVID Local Emergency. The City Council declared a Local Emergency due to the outbreak of COVID-19 on March 25, 2020. The Council passed a motion to rescind the COVID-19 local emergency on October 4, 2022. The Council was requested to memorialize the recission through the adoption of a resolution. ( Jennifer Macarthy, Deputy City Manager ) 2.7. Staff Report

2.8.

AUDIT REPORT OF CITY FINANCIAL STATEMENTS - REQUEST FOR EXTENSION The completion of the audit of the City of Chico's Financial Statements has been delayed due to new reporting requirements and staffing levels. The Administrative Services Director was requesting an extension to present the audit report to March 7, 2023. ( Barbara Martin, Administrative Services Director ) 2.8. Staff Report

2.9.

APPROVAL OF CITY COUNCIL MEETING MINUTES OF 12/6/22 2.9. Draft Minutes 12/6/22

2.10.

ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.1.