9/5/23 City Council

ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - September 5, 2023 Minutes

1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m. 1.2. Call to Order - Mayor Coolidge called the September 5, 2023 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA. 1.3. Invocation - Carol Raner, Christian Science Church 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. September 5, 2023 Closed Session Announcement: City Attorney Ewing announced that Council met in Closed Session with staff regarding the following items: 2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 – No action taken; direction was provided. 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 – Item was pulled from the agenda by the City Attorney. 2.3. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 23CV01870: Leigh Ann Sutton vs. City of Chico, et al – Item was pulled from the agenda by the City Attorney. 2.4. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico – Item was pulled from the agenda by the City Attorney. 2.5. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): 1 case – No action taken; direction was provided. 2.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Cal. Gov. Code 54956.8 – No action taken; direction was provided.

2.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Cal. Gov. Code 54956.8 - Various properties – No action taken; direction was provided. 2.8. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9: 5 cases – No action was taken. 1.7. Presentation - Recognition of Members of Architectural Review & Historic Preservation Board 2. CONSENT AGENDA - A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon 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

4.1. TEFRA HEARING FOR THE CONDUIT FINANCING FOR THE CUSSICK APARTMENTS PROJECT A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to adopt the following TEFRA resolution: RESOLUTION NO. 55-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CUSSICK APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO The motion carried by the following vote: AYES: Bennett, Tandon, van Overbeek, Winslow, Coolidge NOES: Morgan, Reynolds

4.2. TEFRA HEARING FOR CONDUIT FINANCING FOR THE OLEANDER COMMUNITY HOUSING PROJECT A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to adopt the following TEFRA resolution: RESOLUTION NO. 56-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF OLEANDER COMMUNITY HOUSING AND CERTAIN OTHER MATTERS RELATING THERETO The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

4.3. PUBLIC HEARING TO CONSIDER A RESOLUTION TO CONTINUE THE TEMPORARY CLOSURE OF A PORTION OF OLD HUMBOLDT ROAD TO UNAUTHORIZED VEHICLES A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to adopt the following resolution: RESOLUTION NO. 57-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO ORDERING CONTINUED TEMPORARY CLOSURE OF A PORTION OF OLD HUMBOLDT ROAD PURSUANT TO CHICO MUNICIPAL CODE CHAPTER 10.53 The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

4.4. HEARING TO CONSIDER A COMPREHENSIVE CHICO MUNICIPAL CODE TITLE 18 SUBDIVISION ORDINANCE UPDATE A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to introduce the following ordinance: ORDINANCE OF THE CITY OF CHICO CITY COUNCIL REPEALING TITLE 18 AND REPLACING WITH THE COMPREHENSIVE CHICO MUNICIPAL CODE TITLE 18 SUBDIVISION ORDINANCE – Introductory Reading The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

5.1. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 1.14 OF THE CITY OF CHICO MUNICIPAL CODE TO PROVIDE FOR STREAMLINED NUISANCE ABATEMENT PROCEDURES A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to introduce the following ordinance: ORDINANCE OF THE CITY OF CHICO AMENDING TITLE 1, CHAPTER 1.14 OF THE CITY OF CHICO MUNICIPAL CODE TO REVISE THE NUISANCE ABATEMENT CHAPTER The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow

5.2. INTRODUCTION OF AN ORDINANCE AMENDING THE CITY OF CHICO MUNICIPAL CODE TO ADD CHAPTER 9.32 REGULATING STOLEN OR ABANDONED SHOPPING CARTS AND OTHER CARTS, ESTABLISHING AN ABATEMENT AND ENFORCEMENT PROGRAM A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to introduce and waive the first reading of the following ordinance: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, ADDING A NEW CHAPTER 9.32 TO THE CHICO MUNICIPAL CODE REGULATING STOLEN OR ABANDONED SHOPPING CARTS AND OTHER CARTS, ESTABLISHING AN ABATEMENT AND ENFORCEMENT PROGRAM RELATED THERETO The motion carried by the following vote: AYES: Bennett, Tandon, van Overbeek, Reynolds, Coolidge NOES: Morgan, Winslow

5.3. RED LIGHT CAMERA ENFORCEMENT A motion was made by Councilmember van Overbeek and seconded by Councilmember Winslow to request that staff move forward with the RFP process while working to identify how to implement the new process with unsworn personnel. A substitute motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to direct staff to wait six months to a year, or until such time the Police Department feels it is prepared to bring the item forward. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, Reynolds, Coolidge NOES: van Overbeek, Winslow

5.4. CONSIDERATION OF AN AIR SERVICE INCENTIVE POLICY A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett to approve the Administrative Procedure & Policy (AP&P) to establish an air service incentive program. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow

5.5. CONSIDERATION OF DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE The Council concurred 6-1, with Councilmember Morgan dissenting, to send Councilmember Winslow to represent the City of Chico at the conference.

5.6. CONSIDERATION OF A GRANT OF LICENSE TO CSU, CHICO FOR THE MAINTENANCE AND OPERATION OF THE BIDWELL BOWL AMPHITHEATER A motion was made by Councilmember van Overbeek and seconded by Councilmember Winslow to adopt the following resolution: RESOLUTION NO. 58-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO CALIFORNIA STATE UNIVERSITY CHICO FOR ENCROACHMENT ON CITY PROPERTY-BIDWELL BOWL AMPHITHEATER, as amended to: (1) include a yearly review by the Council regarding the usage fees to ensure access to all citizens; and (2) include a statement in the Grant of License regarding the University Policy being responsible for the security of the amphitheater. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

5.7. FOLLOW-UP REGARDING COUNCIL DIRECTION TO ALLOW NEW ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE DOWNTOWN NORTH ZONING DISTRICT A motion was made by Councilmember Bennett and seconded by Councilmember van Overbeek to direct staff to move forward with the amendment to the code. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

5.8. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2024-PWE-003 A motion was made by Councilmember Winslow and seconded by Councilmember van Overbeek to approve Supplemental Appropriation/Budget Modification No. 2024-PWE-003. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

5.10. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND LOCAL 39 A motion was made by Councilmember van Overbeek and seconded by Vice Mayor Reynolds to approve side letter and appendices, as submitted. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

6.2. COUNCILMEMBER REQUESTS Councilmember van Overbeek – Panhandling Ordinance A motion was made by Councilmember van Overbeek and seconded by Mayor Coolidge to agendize a discussion regarding prohibiting panhandling in Chico. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

Councilmember van Overbeek – Downtown Parking Restrictions A motion was made by Councilmember van Overbeek and seconded by Vice Mayor Reynolds to agendize a discussion regarding how to remove the 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. The motion carried by the following vote: AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

Councilmember Winslow – Alternative Site Management A motion was made by Councilmember Winslow agendize a discussion regarding an alternative camping site as well as the management and intake process for the Eaton and Cohasset site. The motion died by a lack of a second.

7. ADJOURNMENT - Adjourned at 9:27 p.m. to the City Council Closed Session meeting on Tuesday, September 19, 2023, at 5:00 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.

9/5/23 City Council

REGULAR CHICO CITY COUNCIL MEETING September 5, 2023

Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

REGULAR CITY COUNCIL MEETING - 6:00 p.m.

9/5/23 Agenda

1.2.

Call to Order - Mayor Coolidge called the September 5, 2023 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

1.3.

Invocation Carol Raner, Christian Science Church

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

September 5, 2023 Closed Session Announcement

2.1 CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to 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 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

2.3. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 23CV01870: Leigh Ann Sutton vs. City of Chico, et al

2.4. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1): SCSC Case No. 18CV03900: Chico Scrap Metal vs. City of Chico

2.5. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(2): 1 case

2.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Cal. Gov. Code 54956.8

Agency Negotiator: Mark Sorensen, City Manager

Property Owner: Successor Agency to Former Chico Redevelopment Agency

Parties negotiating with:

BUTTE COUNTY - 0.158758

BUTTE MOSQUITO ABATEMENT DIST. - 0.016259

CHICO AREA RECREATION DIST. - 0.041447

CHICO UNIFIED SCHOOL DIST. - 0.488457

BUTTE COUNTY SCHOOLS - 0.048731

BUTTE COMMUNITY COLLEGE - 0.077776

Properties: 002-180-087, 002-180-088, 002-180-089, and 002-180-095

Under Negotiation: Price and Terms of Payment

2.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Cal. Gov. Code 54956.8 - Various properties

1.7.

Presentation - Recognition of Members of Architectural Review & Historic Preservation Board

2.

CONSENT AGENDA - All matters listed under the Consent Agenda are to be considered routine and enacted by one motion.