REGULAR CHICO CITY COUNCIL MEETING - July 5, 2022
Minutes
1.1 REGULAR CITY COUNCIL MEETING - 6:00 p.m. (SPECIAL CLOSED SESSION AT 5:00 P.M.)
1.2 Call to Order - Mayor Coolidge called the July 5, 2022 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA. Council had already met in a Special Closed Session that began at 5:00 p.m.
1.3 Invocation - Pastor Heath Jarrett, Living Hope Fellowship
1.4 Pledge of Allegiance to the Flag
1.5 Roll Call
Present: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge
Absent: Brown
1.6 June 24, 2022 and July 5, 2022 Special Closed Session Announcements City Clerk Presson announced that Council met in Closed Session on June 24, 2022 regarding the City Manager recruitment process. No action was taken; direction was provided to staff and the outside recruiter. It was also announced that Council met in Closed Session with staff at 5:00 p.m to discuss labor negotiations, anticipated litigation, Warren vs. the City of Chico, and property negotiations. No action was taken on any of the items; direction or updates were provided.
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and enacted by one motion.
Councilmember O'Brien announced that he would abstain on Item 2.2.
James Hutchinson provided comments on the Consent Agenda.
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to approve the Consent Agenda, as read, with it noted for the record that Councilmember O'Brien abstained on Item 2.2.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
ABSENT: Brown
2.1 ACCEPTANCE OF COST REPORT FOR THE 2022 WEED ABATEMENT AND LOT CLEARING
PROGRAM
At its 5/3/22 meeting, the City Council adopted a resolution which required the Community Development Department to abate those properties not in compliance with the requirement to abate weeds as of 6/01/22, and to keep an account of the work done by the City contractor to submit to the City Council for confirmation. This was the cost report for the 2022 Weed Abatement and Lot July 5, 2022 City Council Minutes Page|1
If approved, the owners of the parcels will be given 30 days to pay for the cost of the abatement. Property owners who do not pay will have a lien placed on their property. (Report - Charlene Durkin, Code Enforcement Supervisor)
2.2 APPROVAL OF THE 2022/23 BUTTE INTERAGENCY NARCOTICS TASK FORCE (BINTF)
PROPOSED GENERAL BUDGET
Approval of the 2022/23 Butte Interagency Narcotics Task Force (BINTF) Proposed General Councilmember O'Brien recused himself on this item and did not participate in the decision.
2.3 ITEMS REMOVED FROM THE CONSENT AGENDA - None
BUSINESS FROM THE FLOOR - Members of the public addressed the Council at this time on matters not already listed on the agenda. The Council was prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were James Hutchinson, Robyn Engel, Katie Posey, Rob Berry, and Patrick Newman.
4. PUBLIC HEARINGS
4.1 CCB ENTERPRISES APPEAL HEARING
The City of Chico accepted applications for Commercial Cannabis Dispensaries from June 2, 2021 through July 16, 2021. There are four phases within the Commercial Cannabis Application process as guided by the Chico Municipal Code (CMC). The appeal by CCB Enterprises was for denial of moving to Phase 4 of the application process, which was a public hearing for "Final Selection by 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:
Mayor Coolidge spoke with Adrian Heym regarding the application process.
Public Hearing
Mayor Coolidge opened the hearing to public. First addressing the Council as the appellants were Adrian Heym, Chuck Nadeau, Richard Horn. Public comments were also received from Eric Snedeker, Hazel VanEvera, and Jesica Giannola. The hearing was closed to further input.
A motion was made by Councilmember Morgan and seconded by Councilmember O'Brien to deny the appeal by CCB Enterprises and uphold the City Manager's recommendation regarding the disqualification of CCB Enterprises by adoption of the following resolution:
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RESOLUTION NO. 41-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DENYING AN APPEAL BY CHICO CANNA + BOTANICALS AND THEREBY UPHOLDING STAFF RECOMMENDATIONS REGARDING THE DISQUALIFICATION OF CHICO CANNA + BOTANICALS' COMMERCIAL CANNABIS PERMIT APPLICATION.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon
NOES: Reynolds, Coolidge
ABSENT: Brown
ABSTAINS: None
The City Council recessed at 7:10 p.m. for a ten-minute break. The meeting was reconvened, and all members were present.
5. REGULAR AGENDA - It was noted for the record that Item 5.6. would not be heard and instead be continued to the next meeting
5.1 CONFIRMATION OF APPOINTMENT OF CITY MANAGER
Under Articles II and VII of the Charter of the City of Chico and California Government Code sections 34851 - 34859, the City Council ("Council") is empowered to appoint a city manager to direct the executive affairs of the City and to implement the Council's policy determinations. To meet this requirement, the City Council is being presented with the employment agreement for Mark Sorensen who has been selected to fill the City Manager position after a recruitment process. (Report - Vincent C. Ewing, City Attorney)
Addressing the Council were James Hutchinson, Elizabeth Griffin, Katy Thoma, Bob Evans, Patrick Newman, Jesica Giannola, and Robyn Engel.
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to approve entering into an employment agreement with Mark Sorensen thereby appointing him as City Manager with an annual salary of $207,000, a $400 a month car allowance and health, dental, vision, life, disability, pension, along with deferred compensation and leave fringe benefits.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
ABSENT: Brown
5.2 CONFIRMATION OF DEPARTMENT HEAD CONTRACT
Section 605 of the City Charter states that the appointment of department heads is subject to confirmation by the Council. In order to meet this requirement, City Council is being presented with the employment agreement for the Deputy Director - Public Works Operations & Maintenance. (Report - Amanda Patton, Interim Director - HR & Risk)
A motion was made by Mayor Coolidge and seconded by Councilmember O'Brien to confirm the appointment of Skyler Lipski as the Deputy Director - Public Works Operations & Maintenance at an annual salary of $138,008.00.
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The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
ABSENT: Brown
5.3 CONFIRMATION OF DEPARTMENT HEAD CONTRACT
Section 605 of the City Charter states that the appointment of department heads is subject to contirmation by the Council. In order to meet this requirement, City Council is being presented with the employment agreement for the Deputy Director - Information Systems. (Report - Amanda Patton, Interim Director - HR & Risk)
A motion was made by Councilmember O'Brien and seconded by Councilmember Bennett to confirm the appointment of Josh Marquis as the Deputy Director - Information Systems at an annual salary of $130,000.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
ABSENT: Brown
5.4 ANALYSIS OF QUALITY OF LIFE VOTER INITIATIVE
At its meeting of May 17, 2022, the Council voted to agendize a discussion about the possibility of placing a voter initiative on the November 2022 ballot that would establish the elements of "quality of life" as "safety, cleanliness, beauty, and economic vitality" which would provide a means for citizens and businesses to hold the City accountable.
At its meeting of June 21, 2022, Vice Mayor Reynolds brought forward a draft of an ordinance regarding the above. The ordinance's proponents are believed to be considering an attempt to place the ordinance on a local election ballot as a voter initiative. As stated by Vice Mayor Reynolds, the proposed ordinance is based on, but is not identical to, an ordinance placed on the local November 8, 2022 ballot in the City of Sacramento. (Report -Vincent C. Ewing, City Attorney) Addressing the Council were Robyn Engel, Katie Posey, Rob Berry, Melody Proebsteal, Jesica Giannola, Gina Bax, and Patrick Newman.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember O'Brien to direct the City Attorney to bring back a council initiative procedure and the adopted language should:
1. "Reaffirm the "Vision Statement," a beautiful place to raise a family, a safe place to raise a family, an ideal location for business, and a premier place to live;
2. Define the vision statement as an expression of the ideals supporting the desire for the continually improving "Quality-of-Life" experiences for all Chico residents, not just our housed;
3. Further define the Quality of Life as consisting of "safety, cleanliness, beauty, and economic vitality;"
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4. Establish the principles, actions, conduct, or mandates which protect these qualities so our city can mitigate conditions or conduct that represent a threat or injury to the goals of the Vision and must hold itself accountable to the people;
5. Establish a Commission under the City Charter whose mission is to formulate the specific laws, actions priorities, and procedures that are to become necessary to implement the intention of this; and
6. To perhaps bring back something hopefully sooner than the August 2nd meeting, so we can debate and discuss and whatever. Get it back to us as soon as possible so we can have public input on it."
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
ABSENT: Brown
5.5 HOMELESS SERVICES CHARITABLE GIVING FUND
On May 17, 2022, the City Council voted to agendize Councilmember Tandon's request to have a und set up for citizens to contribute towards the City's on-going efforts to provide solutions fo omeless individuals residing in Chico. In response to this request, staff worked with the Nort Valley Community Foundation to draft a charitable giving program. This report provided information on the proposed program. (Report - Jennifer Macarthy, Deputy City Manager) Addressing the City were Nichole Nava, Patrick Newman, and Jesica Giannola.
A motion was made by Mayor Coolidge and seconded by Councilmember Tandon to authorize City staff to enter into a Fund Agreement with the North Valley Community Foundation for the establishment of a Homeless Services Support Fund.
The motion carried by the following vote:
AYES: Bennett, Morgan, O'Brien, Tandon, Reynolds, Coolidge NOES: None
ABSENT: Brown
5.6 VICE MAYOR REYNOLDS REQUEST - CITY OPTIONS WITHIN SETTLEMENT AGREEMENT - This item was not heard but instead continued to the next meeting.
At its meeting of 6/7/22, the Council voted to agendize a request from Vice Mayor Reynolds to discuss what the city can do within the confines of the Settlement Agreement to improve the quality of life in Chico.
5.7 ITEMS ADDED AFTER THE POSTING OF THE AGENDA - None
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 Hahn
6.2 COUNCILMEMBER REQUESTS - None
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6.3 MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only ADJOURNMENT - Adjourned at 8:45 p.m. to the City Council Closed Session meeting on August 2, 2022, at 5:00 p.m., followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: August 2, 2022
Nebrand busson
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION - HELD AT 5:00 P.M. IN CONFERENCE ROOM 2 CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER - SPECIAL CLOSED SESSION
MEETING OF THE CHICO CITY COUNCIL
1.1 ROLL CALL - All members present, with Councilmember Brown noted as absent.
2. SPECIAL AGENDA - Pursuant to Government Code § 54954.3(a), the City Council was prohibited by law from considering any other business at this meeting.
2.1 CLOSED SESSION PUBLIC COMMENTS OR COUNCIL DISQUALIFICATIONS - None
2.2 CLOSED SESSION - Council recessed to Closed Session in Conference Room 2
2.3 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gov. Code Sec. 54957.6 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
2.4 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
2.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
2.6 PUBLIC EMPLOYEE APPOINTMENT: (Gov. Code section 54957 - Title: City Manager)
2.7 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code §54956.8) Agency Negotiator: Paul Hahn, Interim City Manager
Negotiating Parties: Butte County, Grant Hunsicker
APN/Street Address: 005-580-022 / 479 E. Park Ave.
Under Negotiation: Terms and Conditions of Conveyance of Real Property Rights
2.8 CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
2.9 CLOSED SESSION ANNOUNCEMENT - City Clerk Presson announced that Council met in Closed Session with staff at 5:00 p.m. to discuss labor negotiations, anticipated litigation, Warren vs. the City of Chico, and property negotiations. No action was taken on any of the items; direction or updates were provided.
3. CLOSED SESSION ADJOURNMENT - Closed Session adjourned at 5:55 p.m. to the Regular City Council Meeting on July 5, 2022 at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
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