ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - April 5, 2022 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the April 5, 2022 - Regular Council Meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Invocation - Reverend Penny Derosier, Zion Community Christian Center
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
Present: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge
Absent: None
CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and could therefore be enacted by one motion.
2.1. APPROVAL OF COUNCIL MEETING MINUTES OF 12/21/21 AND 1/4/22
2.2. ITEMS REMOVED FROM THE CONSENT AGENDA - None
A motion was made by Councilmember O'Brien and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council on matters 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 under this item were Nichole Nava, Jeff Creed, Paula Hare, Robyn Engel, Addison Winslow, Patrick Newman and Silona Raymon.
PUBLIC HEARINGS
4.1. REDISTRICTING OF CITY COUNCIL DISTRICTS IN THE CITY OF CHICO - PUBLIC HEARING #5; SECOND READING AND ADOPTION OF ORDINANCE ADJUSTING BOUNDARIES; ADOPTION
OF FINAL MAP
The City Council had held four (4) public hearings on February 1, 2022, March 1, 2022, March 15, 2022, and March 29, 2022 with the City of Chico's ("City") redistricting process to be completed by April 17, 2022. At the third public hearing, the City Council introduced the ordinance adjusting district boundaries. At the fourth public hearing, the City's Demographer presented additional adjusted district maps and the City Council elevated three (3) proposed district maps for further consideration.
The purpose of this fifth public hearing was to receive additional public input regarding the three (3) elevated district maps, select a final map and adopt it by resolution and adopt the ordinance thereby adjusting City Council district boundaries.
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Mayor Coolidge opened the hearing to the public. Addressing the Council were Nichole Nava, J. -umasi, Bill Monroe, Kirk Monfort, Rita Smith, Karen Duncanwood, Adam Fedeli, Angela McLaughlin Addison Winslow, Bryce Goldstein, Katie Posey, Christine Mueller, Susan Baldwin, Ruth Sarnoff, anc Sascha Anya. The hearing was closed to public comment.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to select Map 6C as the final district boundary map and adopt it with the following resolution; and (b) adopt the ordinance adjusting district boundaries, by reading of title only:
RESOLUTION NO. 15-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO,
CALIFORNIA, ADOPTING A NEW CITY COUNCIL DISTRICT MAP TO ADJUST DISTRICT BOUNDARIES IN ACCORDANCE WITH CHICO MUNICIPAL CODE SECTION 1.30.250 AND CALIFORNIA ELECTIONS CODE SECTION 21601, and
ORDINANCE NO. 2575 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO TO
ADJUST THE CURRENT CITY COUNCIL DISTRICT BOUNDARIES IN ACCORDANCE WITH CHICO MUNICIPAL CODE SECTION 1.30.250 AND CALIFORNIA ELECTIONS CODE SECTION It was noted for the record by Vice Mayor Reynolds that Map 6C was being selected as it had the least number of deviations, minimizing divisions within the boundaries.
The motion carried by the following vote:
AYES: Morgan, O'Brien, Tandon, Reynolds, Coolidge
NOES: Bennett, Brown
The Council recessed for ten-minutes at 7:21 p.m. The meeting was reconvened and all members were present.
4.2. CHICO'S BEST APPEAL HEARING
The City of Chico accepted applications for Commercial Cannabis Dispensaries from June 2, 2021 through July 16, 2021. There were four phases within the Commercial Cannabis Application process as guided by the Chico Municipal Code (CMC). The appeal by Chico's Best LLC was for denial of moving to Phase 3 of the application process, which is an interview before the City Manager. The City Council was provided two resolutions, one denying the appeal and upholding staff's recommendation and the other upholding the appeal and thereby overturning City staff's recommendation. (Report - Angie Dilg, Management Analyst)
Ex Parte Communications
Councilmember O'Brien had a discussion with the applicant.
Councilmember Brown had a discussion with the applicant knowing that the application was denied.
Mayor Coolidge opened the hearing to the public. Addressing the Council as the applicant was Dayman Wyman. No one else spoke and the hearing was closed to further comment.
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A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to deny the appeal by Chico's Best LLC, thereby upholding City staff's recommendations regarding the disqualification of Chico's Best LLC by adoption of the following resolution:
RESOLUTION NO. 16-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
DENYING AN APPEAL BY CHICO'S BEST LLC AND THEREBY UPHOLDING STAFF
RECOMMENDATIONS REGARDING THE DISQUALIFICATION OF CHICO'S BEST LLC'S
COMMERCIAL CANNABIS PERMIT APPLICATION
The motion carried by the following vote:
AYES: Morgan, O'Brien, Tandon, Coolidge
NOES: Bennett, Brown, Reynolds
4.3. TMG CHICO LLC APPEAL HEARING
The City of Chico accepted applications for Commercial Cannabis Dispensaries from June 2, 2021 hrough July 16, 2021. There were four phases within the Commercial Cannabis Application proces:
is guided by the Chico Municipal Code (CMC). The appeal by TMG Chico LLC was for denial o Dilg, Management Analyst)
Ex Parte Communications: None
Mayor Coolidge opened the hearing to the public. Addressing the Council were Max Del Real, Alison Rayo Ramos, and Jesica Giannola. The hearing was closed to further public comment.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to deny the appeal by TMG Chico LLC and uphold City Staff's recommendations regarding the disqualification of TMG Chico LLC by adoption of the following resolution:
RESOLUTION NO. 17-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
DENYING AN APPEAL BY TMG CHICO LLC AND AGREEING WITH STAFF RECOMMENDATIONS
REGARDING THE DISQUALIFICATION OF TMG CHICO LLC'S COMMERCIAL CANNABIS
PERMIT APPLICATION
The motion carried by the following vote:
AYES: Morgan, O'Brien, Tandon, Coolidge
NOES: Bennett, Reynolds
ABSTAIN: Brown
4.4. CHICO 580 LLC APPEAL HEARING
The City of Chico accepted applications for Commercial Cannabis Dispensaries from June 2, 2021 through July 16, 2021. There were four phases within the Commercial Cannabis Application process as guided by the Chico Municipal Code (CMC). The appeal by Chico 580 LLC was for denial of moving to Phase 3 of the application process, which is an interview before the City Manager. The City Council was provided two resolutions, one denying the appeal and upholding staff's recommendation and the other upholding the appeal and thereby overturning staff's recommendation. (Report - Angie Dilg, Management Analyst)
Ex Parte Communications: None
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Mayor Coolidge opened the hearing to the public. Addressing the Council were Jaswinder Kaur, Jaswinder Dhillon, and Jaswant Singh. The hearing was closed to further comment.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to deny the appeal by Chico 580 LLC and uphold staff's recommendations regarding the disqualification of Chico 580 LLC by adoption of the following resolution:
RESOLUTION NO. 18-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DENYING AN APPEAL BY CHICO 580 LLC AND THEREBY UPHOLDING STAFF RECOMMENDATIONS REGARDING THE DISQUALIFICATION OF CHICO 580 LLC'S
COMMERCIAL CANNABIS PERMIT APPLICATION
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
The Council recessed for a ten-minute break at 8:51 p.m. The meeting was reconvened and all members were present.
5. REGULAR AGENDA
5.1. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-1 AND B-3 DUE TO THE CLASSIFICATION STUDY - Continued to a future meeting.
5.2. CONSIDERATION OF AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH AB 481
Assembly Bill 481 (AB 481) codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy (the "Policy") by ordinance prior to the LEA funding, acquiring, or using military equipment. The Chico Police Department (CPD) seeks City Council introduction of the attached ordinance implementing the Military Equipment Use Policy - General Order 709 (the "Ordinance"), in order to allow CPD to continue to use the vital equipment specified therein and continue to purchase said equipment as needed. (Report - Billy Aldridge, Interim Chief of Police) Addressing the Council on this item were Margaret Swick, Nichole Nava, J. Fumasi, George Gold, Ann Polivka, Diane Susuki, Karen Duncanwood, Marian Evans, Robyn Engel, Bryce Goldstein, Angela McLaughlin, Addison Winslow, Benson, Ruth Sarnoff, Sascha Anya, Liz Mosher, Jesica Giannola, and Jeff Creed
A motion was made by Councilmember O'Brien and seconded by Councilmember Morgan to introduce the following ordinance by reading of title only:
ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY AND AMENDING TITLE 2, CHAPTER 2.28 OF THE CHICO MUNICIPAL CODE BY ADDING SECTION 2.28.050 ENTITLED "MILITARY EQUIPMENT USE POLICY" IN COMPLIANCE WITH ASSEMBLY BILL 481 - Introductory
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES:
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5.3. SPECIAL PLANNING AREAS - Continued to the next meeting due to the late hour.
At its meeting of 3/1/22, Council voted to agendize a discussion of a prior Council action taken at the 11/17/20 meeting, which was to delay all future Special Planning Areas requests or discussions until the Housing Element and General Plan updates were completed. This request was originally made at the December 15, 2021 meeting. (Sean Morgan, Councilmember)
5.4. 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, Interim City Manager Madden
6.2. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers can 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. Councilmembers may also submit requests in writing.
Councilmember Morgan - Request for Letter of Support for Butte County Behavioral Health A motion was made by Councilmember Morgan and seconded by Mayor Coolidge to waive the rules in AP&P 10-10 so that a request for a letter of support for the County's Rest Program through the Butte County Behavioral Health Department could be acted on at this meeting.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
A motion was made by Councilmember Morgan and seconded by Councilmember Tandon to authorize the Mayor to sign a letter of support on behalf of Behavioral Health.
The motion carried by the following vote:
AYES: Bennett, Brown, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
6.3. SUNSHINING OF NEGOTIATION PROPOSALS - CNF - Information only Under the terms of the Council's request to sunshine Union Proposals, Council was provided the initial proposals from the Confidential Employee's Unit (CNF). Additionally, Council was provided with the City's initial/counter proposals for the CNF. Once negotiations conclude, the final draft agreements wil be brought back to Council for action in open session. (Jamie Cannon, Director of Human Resources & Risk Management)
6.4. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
7. CLOSED SESSION - PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS Nichole Nava addressed the Council regarding the evaluations of the City Clerk, City Manager, and City Attorney.
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7.1. CLOSED SESSION - Council recessed at 10:13 p.m. to Closed Session in Conference Room 2.
7.2. 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
7.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): SUPERIOR COURT Case No. 22CV00360: David L. Waddell v. City of Chico
7.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
7.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Cal. Gov. Code Sec. 54956.8
Agency Negotiator: Matt Madden, Interim City Manager
Party negotiating with: CALIFORNIA WATER SERVICE COMPANY Property: A portion of APN 047-560-041
Address: 1550 Marauder Street, Chico, CA 95928
Under Negotiation: 100 x 100 square foot portion
7.6. PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Manager
7.7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
7.8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code section 54957(b).) Title: City Clerk
7.9. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 Negotiator: Jamie Cannon, Director of Human Resources & Risk Management Employee Organizations: Chico Battalion Chiefs, 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, and All Department Heads
7.10. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
7.11. CLOSED SESSION ANNOUNCEMENT
The City Attorney announced that Council met in Closed Session with staff regarding the eight items as listed on the agenda. No action was taken on any of the items; direction was provided, with Item
7.7. and 7.8. continued to the next meeting.
ADJOURNMENT - Adjourned at 11:38 p.m. to the Adjourned Regular City Council meeting on April 19, 2022, at 6:00 p.m., in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: /drp 6/7/22
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