6/20/20 City Council

# ADJOURNED REGULAR CHICO CITY COUNCIL MEETING – June 20, 2023 Minutes

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

1.2. Call to Order – Mayor Coolidge called the June 20, 2023 - Adjourned Regular City Council meeting to order at 6:04 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

## 1.3. Invocation – Police Chaplain Eileen Brownell

## 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. June 20, 2023 Closed Session Announcement

City Attorney Ewing announced that Council met with staff in Closed Session regarding the following items. No action was taken, direction was provided.

## 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 – 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. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): National Prescription Opiate Litigation, 1:17-MD-2804 (MDL 2804, Northern District of Ohio).

2.4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)

## 1.7. RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

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

Addressing the Council on the Consent Agenda was James Hutchinson.

A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to approve the Consent Agenda, as read, carried by the following vote:

AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

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## 2.1. LETTER AGREEMENT BETWEEN CITY OF CHICO AND UPEC

Approved a letter agreement between the City of Chico and United Public Employees California, Local 792 (UPEC), modifying the Memorandum of Understanding (MOU) effective January 1, 2022 - December 31, 2023, including Case Worker Aide, Multimedia Coordinator, and Social Case Worker as positions represented by UPEC. (Chelsea Phebus, Director of Human Resources & Risk Management)

## 2.2. APPROVAL OF THE 2023/24 BUTTE INTERAGENCY NARCOTICS TASK FORCE (BINTF) PROPOSED GENERAL BUDGET

Approved the 2023/24 Butte Interagency Narcotics Task Force (BINTF) Proposed General Budget. In 2002, the City Council approved consolidation of the Butte Interagency Narcotics Task Force (BINTF) and Butte Anti-Drug and Gang Special Supervision (BASS) Unit. The Memorandum of Understanding provides that each participating agency shall approve or disapprove the BINTF budget no later than June 30th of each year. (Billy Aldridge, Chief of Police)

## 2.3. RESOLUTION NO. 44-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING THE FISCAL YEAR 2023-24 LIST OF PROJECTS FUNDED BY SB1 (GAS TAX) REVENUES

Adopted - a resolution approving the fiscal year 2023-24 list of projects funded by SB1 to be submitted to the California Transportation Commission (CTC) by July 1, 2023. (Brendan Ottoboni, Public Works Director-Engineering)

## 2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - None

3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on any matter not already listed on the agenda. The Council could not take any action at this meeting on requests made under this section of the agenda.

Addressing the Council were James Hutchinson, Nichole Nava, Sasha, Ken Robinson, DeJoun Jones, and Paul Hendricks.

## 4. PUBLIC HEARINGS

## 4.1. FINAL PROTEST HEARING ON THE PROPOSED MODIFICATION TO THE EXISTING CMD A16 NORTHWEST CHICO SPECIFIC PLAN AREA (NWCSPA)

At its meeting of April 4, 2023, the City Council approved a resolution of intention to order modification to the existing maintenance district CMD A16 - Northwest Chico Specific Plan Area. The modification was necessary to include the entire residential development identified as Heritage Landing Apartments within the boundary of the maintenance district. A vote of the property owners of the property to be added was required and if approved, would receive proportional special benefits from the ongoing maintenance and servicing of the improvements. The new Maintenance District would be referred to as CMD A16 - Northwest Chico Specific Plan Area (Revised). (Brendan Ottoboni, Public Works Director-Engineering)

Mayor Coolidge opened the hearing to the public. No one wished to speak. The Deputy City Clerk announced that no protest ballots were received. The hearing was closed.

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

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RESOLUTION NO. 45-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING AND CONFIRMING THE ANNEXATION OF HERITAGE LANDING APARTMENTS (ANNEXATION TERRITORY) INTO THE CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A16, THE DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS CONCERTING THE ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING FISCAL YEAR 2023/24

The motion carried by the following vote:

AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None

4.2. PR GOSAL INVESTMENTS LLC VESTING TENTATIVE SUBDIVISION MAP AT THE NORTH SIDE OF EATON ROAD, EAST OF HICKS LANE, AND NORTH OF THE TERMINUS OF SILVERBELL ROAD (APN 007-240-034)

6/20/20 City Council

REGULAR CHICO CITY COUNCIL MEETING June 20, 2023 Chico Municipal Center, Council Chamber, 421 Main Street

1.1.

ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 6/20/23 Agenda

1.2.

Call to Order - 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA

1.3.

Invocation – Police Chaplain Eileen Brownell

1.4.

Pledge of Allegiance to the Flag

1.5.

Roll Call

1.6.

June 20, 2023 Closed Session Announcement

1.7.

RECOGNITION OF OUTGOING BOARD AND COMMISSION MEMBERS

2.

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

2.1.

LETTER AGREEMENT BETWEEN CITY OF CHICO AND UPEC Approved a letter agreement between the City of Chico and United Public Employees California, Local 792 (UPEC), modifying the Memorandum of Understanding (MOU) effective January 1, 2022 - December 31, 2023, including Case Worker Aide, Multimedia Coordinator, and Social Case Worker as positions represented by UPEC. (Chelsea Phebus, Director of Human Resources & Risk Management) 2.1. Staff Report

2.2.

APPROVAL OF THE 2023/24 BUTTE INTERAGENCY NARCOTICS TASK FORCE (BINTF) PROPOSED GENERAL BUDGET Approved the 2023/24 Butte Interagency Narcotics Task Force (BINTF) Proposed General Budget. In 2002, the City Council approved consolidation of the Butte Interagency Narcotics Task Force (BINTF) and Butte Anti-Drug and Gang Special Supervision (BASS) Unit. The Memorandum of Understanding provides that each participating agency shall approve or disapprove the BINTF budget no later than June 30th of each year. (Billy Aldridge, Chief of Police) 2.2. Staff Report

2.3.

RESOLUTION NO. 44-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO ADOPTING THE FISCAL YEAR 2023-24 LIST OF PROJECTS FUNDED BY SB1 (GAS TAX) REVENUES Adopted - a resolution approving the fiscal year 2023-24 list of projects funded by SB1 to be submitted to the California Transportation Commission (CTC) by July 1, 2023. (Brendan Ottoboni, Public Works Director-Engineering) 2.3. Staff Report

2.4.

ITEMS REMOVED FROM THE CONSENT AGENDA

4.1.

FINAL PROTEST HEARING ON THE PROPOSED MODIFICATION TO THE EXISTING CMD A16 NORTHWEST CHICO SPECIFIC PLAN AREA (NWCSPA) At its meeting of April 4, 2023, the City Council approved a resolution of intention to order modification to the existing maintenance district CMD A16 - Northwest Chico Specific Plan Area. The modification was necessary to include the entire residential development identified as Heritage Landing Apartments within the boundary of the maintenance district. A vote of the property owners of the property to be added was required and if approved, would receive proportional special benefits from the ongoing maintenance and servicing of the improvements. The new Maintenance District will be referred to as CMD A16 - Northwest Chico Specific Plan Area (Revised). (Brendan Ottoboni, Public Works Director-Engineering) Recommendation - The Public Works Director-Engineering recommends adoption of the following resolution: RESOLUTION NO. 45-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING AND CONFIRMING THE ANNEXATION OF HERITAGE LANDING APARTMENTS (ANNEXATION TERRITORY) INTO THE CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A16, THE DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS CONCERTING THE ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING FISCAL YEAR 2023/24. 4.1. Staff Report

3.

BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on any matter not already listed on the agenda. The Council could not take any action at this meeting on requests made under this section of the agenda.

4.

PUBLIC HEARINGS

4.1.

FINAL PROTEST HEARING ON THE PROPOSED MODIFICATION TO THE EXISTING CMD A16 NORTHWEST CHICO SPECIFIC PLAN AREA (NWCSPA) At its meeting of April 4, 2023, the City Council approved a resolution of intention to order modification to the existing maintenance district CMD A16 - Northwest Chico Specific Plan Area. The modification was necessary to include the entire residential development identified as Heritage Landing Apartments within the boundary of the maintenance district. A vote of the property owners of the property to be added was required and if approved, would receive proportional special benefits from the ongoing maintenance and servicing of the improvements. The new Maintenance District will be referred to as CMD A16 - Northwest Chico Specific Plan Area (Revised). (Brendan Ottoboni, Public Works Director-Engineering) Recommendation - The Public Works Director-Engineering recommends adoption of the following resolution: RESOLUTION NO. 45-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING AND CONFIRMING THE ANNEXATION OF HERITAGE LANDING APARTMENTS (ANNEXATION TERRITORY) INTO THE CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A16, THE DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS CONCERTING THE ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING FISCAL YEAR 2023/24.

4.2.

PR GOSAL INVESTMENTS LLC VESTING TENTATIVE SUBDIVISION MAP AT THE NORTH SIDE OF EATON ROAD, EAST OF HICKS LANE, AND NORTH OF THE TERMINUS OF SILVERBELL ROAD (APN 007-240-034): General Plan Amendment 21-01, Rezone 21-01, and Subdivision 21-02. This was a proposal to subdivide a 2.93 acre site into 17 lots for single-family residential development located on the north side of Eaton Road, east of Hicks Lane, and north of the terminus of Silverbell Road. The project site consists of one residential parcel and is currently designated VLDR (0.2 to 2.0 dwelling units per acre) on the General Plan Land Use Diagram and zoned RS-20-AOC (Suburban Residential, 20,000 square-foot minimum lot size, with Aircraft Overflight Zone C overlay). Requests for a General Plan Amendment (GPA 21-01) and Rezone (RZ 21-01) have been submitted to change the land use designation to Low Density Residential and zoning to R1 (Low Density Residential), which would facilitate the applicant's proposal to pursue a subdivision (S 21-02) for single-family residential development in the R1 zoning district pursuant to Chico Municipal Code (CMC) 19.42.020. Should the General Plan amendment and rezone be approved, the applicable zoning would permit the project subject to vesting tentative subdivision map approval, recordation of the final map, improvement plan approval, and acceptance of public improvements by the City, and the proposed development project would be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects). On March 2, 2023 the Planning Commission recommended approval of the project to the City Council. (Report - Tina Wilson, Associate Planner) Recommendation : The Planning Commission and Community Development Director recommend that the City Council hold a public hearing and adopt the following resolutions and introduce the ordinance by reading its title only: RESOLUTION NO. 46-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING A GENERAL PLAN LAND USE DIAGRAM MAP AMENDMENT FROM "VERY LOW DENSITY RESIDENTIAL" TO "LOW DENSITY RESIDENTIAL" FOR THE DEVELOPMENT OF 17 LOTS FOR LOW-DENSITY RESIDENTIAL DEVELOPMENT; IDENTIFIED AS APN 007-240-034 (PR Gosal Investments LLC, GPA 21-01) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE ZONING CLASSIFICATION FROM "RS-20 (SUBURBAN RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE)" TO "R1 (LOW DENSITY RESIDENTIAL);" IDENTIFIED AS APN 007-240-034 (PR Gosal Investments LLC, RZ 21-01) RESOLUTION NO. 47-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING VESTING TENTATIVE SUBDIVISION MAP S 21-02 FOR THE DEVELOPMENT OF 17 LOTS FOR LOW-DENSITY RESIDENTIAL DEVELOPMENT; IDENTIFIED AS 007-240-034 (PR Gosal Investments LLC, S 21-02) 4.2. Staff Report

4.3.

PLANNING COMMISSION ASSUMING THE RESPONSIBILITIES OF THE ARCHITECTURAL REVIEW AND HISTORIC PRESERVATION BOARD At its June 6, 2023 meeting, the Chico City Council considered an item to amend Title 2 of the Chico Municipal Code that would result in the City's Planning Commission assuming the responsibilities of the Architectural Review and Historic Preservation Board (ARHPB). During deliberations, Council gave direction to delay the item so that staff could obtain community input and identify ways to streamline the design review process and reduce costs. Given that the current ARHPB only has three members and ensuring a quorum is available to facilitate meetings has become a regular challenge, staff requested that, in the interim, Council approve the ordinance that would have the Planning Commission assume the responsibilities of the ARHPB and provide staff approximately 4 months to proceed with Council's direction to streamline the process. (Report - Brendan Vieg, Community Development Director) Recommendation : The Community Development Director recommends that the City Council hold a public hearing and introduce the following ordinance by reading its title only: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CERTAIN SECTIONS OF TITLE 2 OF THE CHICO MUNICIPAL CODE DESIGNATING THE ARCHITECTURAL REVIEW AND HISTORIC PRESERVATION BOARD A SUBCOMMITTEE OF THE PLANNING COMMISSION 4.3. Staff Report

5.

REGULAR AGENDA