10/17/23 City Council

**ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - October 17, 2023** **Minutes**

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

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

**1.3. Invocation** - Reverend Penny Derosier, Zion Community Christian Center

**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. October 3, 2023 Closed Session Announcement** City Attorney Lam announced that Council met with staff in Closed Session on October 3, 2023 as listed on the original agenda. Unfortunately, due to technical difficulties, the meeting was unable to be broadcasted, however this announcement was formally made immediately following Closed Session. Item 2.1. Conference With Labor Negotiators - Council received an update from its negotiators. Direction was provided; no formal action was taken. Item 2.2. Conference with Property Negotiators - Council was also provided with an update. Direction was provided; no formal action was taken. Item 2.3. Public Employee Quarterly Performance Evaluation - Evaluations were held; no formal action was taken. Item 2.4. Real Property Negotiators - Council received an update on properties "A through X." Direction was provided; no formal action was taken. Item 2.5. Conference with Legal Counsel regarding Anticipated Litigation - Although listed on the agenda, this matter was not discussed.

**1.7. October 17, 2023 Closed Session Announcement** City Attorney Lam announced that Council met with staff in Closed Session regarding the following items: Item 2.1. Conference with Labor Negotiators - Council was provided with an update and a briefing. Direction was provided; no action was taken. Item 2.2. Public Employee Appointment - The Council voted unanimously (7-0) to appoint John Lam as the City Attorney and authorize the City Manager to make amendments consistent with the appointment. Item 2.3. Conference with Legal Counsel on Existing Litigation - Council was briefed. Council provided direction; no formal action was taken. One additional Closed Session item was added at the beginning of Closed Session at 5:00 p.m. as an item that arose after the posting of the agenda, which the Council voted 7-0 to agendize.

**Item 2.4. Potential Litigation - Conference with Legal Counsel** - Council was provided a briefing and direction was provided. No final action was taken.

**1.8. Proclamation** - Habitat for Humanity 30 Year Anniversary

**2. CONSENT AGENDA** Councilmember Winslow voted "no" on 2.5. A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett 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

**2.1. RESOLUTION NO. 61-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM**

**2.2. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION NO. 2024-FD-001**

**2.3. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-ASD-007**

**2.4. APPROVAL OF COUNCIL MEETING MINUTES OF 9/19/23 & 10/3/23**

**2.5. ORDINANCE NO. 2594 - AN ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 2.54 OF THE CHICO MUNICIPAL CODE TO CALL FOR MEETINGS OF THE CLIMATE ACTION COMMISSION ON AN AS NEEDED ONLY BASIS - Introductory reading by reading of title only** It was noted for the record that Councilmember Winslow voted "no" on this ordinance.

**2.6. ITEMS REMOVED FROM THE CONSENT AGENDA - None**

**3. PUBLIC COMMENTS** - Addressing the Council were Karen Holcomb, Sheri Kushner, Sean Reese, Bruce McLean, and Sascha Anya.

**4. PUBLIC HEARINGS**

**4.1. PUBLIC HEARING TO CONSIDER AN APPEAL OF A DECISION TO DENY A TREE REMOVAL PERMIT AT 4 STONEHAVEN COURT** Exparte Announcements: Councilmember van Overbeek - met directly with the appellants. Mayor Coolidge opened the hearing to the public. Michael Gulbransen spoke as the appellant. A motion was made by Councilmember Bennett and seconded by Councilmember van Overbeek to overturn staff's denial of a permit to remove a tree behind 4 Stonehaven Court, Chico, CA, thereby upholding the appeal, allowing the tree to be removed and to plant three new trees or more in accordance with the guidelines set forth in the Chico Municipal Code regarding tree removals. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds NOES: Winslow, Coolidge

**5. REGULAR AGENDA**

**5.1. ARCHITECTURAL REVIEW AND HISTORIC PRESERVATION BOARD STREAMLINING AND COST REDUCTION** Addressing the Council on this item was Katy Toma. A motion was made by Councilmember Tandon and seconded by Councilmember Winslow to move forward with the proposed changes, with the community benefit costs split 30/70, with the developers to pay the 30% and the rest to come from the community fund. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, Winslow, Reynolds, Coolidge NOES: van Overbeek

**5.2. FY 23-24 SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-PWO-001** A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to approve Supplemental Appropriation/Budget Modification No. 2024-PWO-001. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

**5.3. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - CHICO POLICE MANAGEMENT EMPLOYEES** A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to adopt the following resolution: RESOLUTION NO. 62-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND CHICO POLICE MANAGEMENT EMPLOYEES REGARDING PAY, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026 (2023 CPM MOU)" The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow

**5.4. COUNCILMEMBER VAN OVERBEEK REQUEST - DOWNTOWN PARKING REQUIREMENTS** Addressing the Council were Bryce Goldstein, Bruce McLean, Monica McDaniel, and Mike Jensen. A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to direct staff to come back with a proposal regarding: (1) how to address parking requirements from the downtown area for smaller projects which would encourage residential apartments being made available on the second floor of a commercial property; (2) include proposed geographical boundaries (i.e., Downtown North or South, or both); (3) there should be a size limit on number of units allowed with staff to determine the threshold if there is one; (4) if the City does this, should there be residential parking permits for people living in the zone; and (5) what would the amended language be in order to update the entire code. Mayor Coolidge asked for a friendly amendment to look at the proposed zoning for the entire City, especially along the transit stops. The amendment was accepted. A substitute motion was made by Councilmember Winslow to approve Councilmember van Overbeek's recommendations with the exception of directing staff to come back instead with a proposal of eliminating parking requirements for housing in the Downtown areas in their entirety. The motion failed for a lack of a second. The original motion to direct staff to come back with a proposal regarding: (1) how to address parking requirements from the downtown area for smaller projects which would encourage residential apartments being made available on the second floor of a commercial property; (2) include proposed geographical boundaries (i.e., Downtown North or South, or both); (3) there should be a size limit on number of units allowed with staff to determine the threshold if there is one; (4) if the City does this, should there be residential parking permits for people living in the zone; and (5) what would the amended language be in order to update the entire code, with the amendment to look at this City-wide, carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

**5.5. REPORT ON SHORT TERM RENTALS** Addressing the Council on this item was Monica McDaniel. A motion was made by Mayor Coolidge to direct staff to go back out with a Request for Proposals for a new vendor and then maybe revisit this in 6 months to a year. The motion failed due to a lack of a second. A motion was made by Councilmember Winslow and seconded by Councilmember Bennett to have the Internal Affairs Committee continue this discussion. The motion to refer the matter to committee carried by the following vote: AYES: Bennett, Tandon, van Overbeek, Winslow, Coolidge NOES: Morgan ABSTAIN: Reynolds

**5.6. CONSIDERATION OF A RESOLUTION CALLING FOR A SPECIAL ELECTION ON MARCH 5, 2024 - As Amended** A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to adopt the following resolution: RESOLUTION NO. 63-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO (1) CALLING FOR A SPECIAL ELECTION ON MARCH 5, 2024, FOR THE SUBMISSION OF VALLEY'S EDGE REFERENDUM ON RESOLUTION 08-23 AND RESOLUTION 09-23; (2) REQUESTING CONSOLIDATION OF THAT ELECTION WITH THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024; AND (3) SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS, AND REBUTTALS THEREOF, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

**5.7. CONSIDERATION OF APPROVAL OF THE PROPOSED MEASURE H 10-YEAR ROADWAY LIST OF PROJECTS** Addressing the Council were Susan Christensen, Bryce Goldstein, Karen Laslo, and David Welch. A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to approve the 10-year Roadway Repair list, with staff to bring it back in March with the available information reflecting Measure H proceeds and current estimates. The motion carried by the following vote: AYES: Bennett, Tandon, van Overbeek, Reynolds, Coolidge NOES: Morgan, Winslow

**7. ADJOURNMENT** - Adjourned at 9:02 p.m. to the City Council Closed Session meeting on Tuesday, November 7, 2023, at 5:00 or 5:30 p.m., followed by the 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 Minutes** **October 17, 2023**

**1. CALL TO ORDER** - Mayor Coolidge called the October 17, 2023 to order at 5:30 p.m. in the Council Chamber and then recessed into Conference Room 2, 421 Main Street, Chico, CA to meet with staff.

**1.1. ROLL CALL** - All members present.

**2.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA** - Added to the Closed Session Agenda by a 7-0 vote at the beginning of the meeting. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2) - One (1) Case

**2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6** - Council was provided with an update and a briefing. Direction was provided; no action was taken.

**2.2. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 – Title: City Attorney)** The Council voted unanimously (7-0) to appoint John Lam as the City Attorney and authorized the City Manager to make amendments consistent with the appointment.

**2.3. 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. Council provided direction; no formal action was taken.

**2.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA** - Added to the Agenda by a 7-0 vote at the beginning of the meeting. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED/POTENTIAL LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2) - One (1) Case Council was provided with a briefing. Direction was provided, no final action was taken.

**3. ADJOURNMENT** - The meeting adjourned at 5:54 p.m. to the Adjourned Regular City Council Meeting on October 17, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

10/17/23 City Council

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

1.1.

ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 10/17/23 Agenda

1.2.

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

1.3.

Invocation Reverand Penny Derosier, Zion Community Christian Center

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

October 3, 2023 Closed Session Announcement - City Attorney Lam announced that Council met with staff in Closed Session on October 3, 2023 as listed on the original agenda. Unfortunately, due to technical difficulties, the meeting was not broadcasted but this announcement was formally announced immediately following Closed Session: Item 2.1. Conference With Labor Negotiatiors - Council received an update from its negotiators. Direction was provided; no formal action was taken. Item 2.2. Conference with Property Negotiators - Council was also provided with an update. Direction was proviced; no formal action was taken. Item 2.3. Public Employee Quarterly Performance Evaluation - Evaluations were taken; no formal action was taken. Item 2.4. Real Property Negotiators - Council received an update on properties "A through X." Direction was provided; no final action was taken. Item 2.5. Conference with Legal Counsel regarding Anticipated Litigation. Although listed on the agenda, this matter was not discussed so no formal announcement is needed.

1.7.

October 17, 2023 Closed Session Announcement City Attorney Lam announced that Council met with staff in Closed Session regarding the following items: Item 2.1. Conference with Labor Negotiators - Council was provided with an update and a briefing. Direction was provided; no action was taken. Item 2.2. Public Employee Appointment - The Council voted unanmiously (7-0) to appoint John Lam as the City Attorney and authorize the City Manager to make amendments consistent with the appointment. Item 2.3. Conference with Legal Counsel on Existing Litigation - Council was briefed. Council provided direction; no formal action was taken. One additional item considered was added at the beginning of Closed Session as an item that arose after the posting of the agenda. Item 2.4. Potential Litigation - Conference with Legal Council - Council was provided a briefing and direction was provided. No final action was taken.

1.8.

Proclamation - Habitat for Humanity 30 Year Anniversary

2.

CONSENT AGENDA

2.1.

RESOLUTION NO. 61-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM At its 6/06/23 meeting, the City Council approved Resolution No. 39-23 to authorized the submittal of a Recreational Trails Program (RTP) grant application to rehabilitate and improve trail access to Monkey Face in Upper Bidwell Park. In its review of the City's application, the CA Department of Parks & Recreation notified staff that the resolution contained an error and that the name of the legislative law allocating funding for this grant needed to be changed from the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to Bipartisan Infrastructure Law of 2021." (Erik Gustafson, Public Works Director - Operations & Maintenance) 2.1. Staff Report

2.2.

CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION NO. 2024-FD-001 The City Council was asked to consider a supplemental appropriation, that if approved would increase the Fire Department's Non-Recurring Operating budget to fund the City's portion of the Butte County's Local Hazard Mitigation Plan (LHMP). Further, the request included funds for Fire Station Improvements (Capital Project 50515) for a Professional Services Agreement for a Fire Station 6 construction feasibility study. This funding request is to come from Development Impact Fees (Fund 337) as its purpose is to fund the expansion of fire facilities, apparatus and equipment to maintain fire protection services to accommodate projected new growth and development. (Steve Standridge, Fire Chief) 2.2. Staff Report

2.3.

CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-ASD-007 The Administrative Services Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2022-23 Budget. (Barbara Martin, Administrative Services Director) 2.3. Staff Report

2.4.

APPROVAL OF COUNCIL MEETING MINUTES OF 9/19/23 & 10/3/23 2.4. 9/19/23 Draft Minutes

2.4. 10/3/23 Draft Minutes

2.5.

ORDINANCE NO. 2594 - AN ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 2.54 OF THE CHICO MUNICIPAL CODE TO CALL FOR MEETINGS OF THE CLIMATE ACTION COMMISSION ON AN AS NEEDED ONLY BASIS - Introductory reading by reading of title only On March 7, 2023 the City Council took action to modify the meeting requirements for the Climate Action Commission to be on an as needed basis only, instead of meeting monthly. The proposed ordinance amendment accomplished this objective. (Angie Dilg, Management Analyst/Records Manager) It was noted for the record that Councilmember Winslow voted "no" on this ordinance. 2.5. Staff Report

2.6.

ITEMS REMOVED FROM THE CONSENT AGENDA - None

3.

PUBLIC COMMENTS - Members of the public addressed the Council on matters not already listed on the agenda. The Council was prohibited from taking any action on requests made under this section of the agenda.

4.

PUBLIC HEARINGS

4.1.

PUBLIC HEARING TO CONSIDER AN APPEAL OF A DECISION TO DENY A TREE REMOVAL PERMIT AT 4 STONEHAVEN COURT The City Council conducted a public hearing to consider an appeal from the property owners of 4 Stonehaven Ct of the Bidwell Park and Playground Commission's (BPPC) denial of their request to remove a mature 35-foot tall, 20-inch diameter willow tree located in the Belvedere Preserve adjacent to their property in south east Chico. The staff report provided an overview of the permit appeal and analyzes considerations such as environmental impact, public input, and recommendations. (Report - Richie Bamlet, Urban Forest Manager) Recommendation : The Urban Forest Manager recommends the City Council consider the appeal and adopt the following resolution to uphold the BPPC s tree removal permit denial: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DENYING AN APPEAL AND UPHOLDING THE BIDWELL PARK & PLAYGROUND COMMISSION S DENIAL REGARDING A PERMIT TO REMOVE A TREE BEHIND 4 STONEHAVEN COURT, CHICO CA 4.1. Staff Report

5.