REGULAR CHICO CITY COUNCIL MEETING December 20, 2022
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m. 12/20/22 Agenda
1.2. Call to Order - Mayor Coolidge called the December 20, 2022 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation – Police Chaplain, Raymond Shelton
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
1.6. December 20, 2022 Closed Session Announcement - The City Clerk announced that Council met in Closed Session with staff regarding the following items. No action was taken; updates were provided. No action was taken.
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)) 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
1.7. Proclamation – Dino Corbin 50 Years of Service -
Continued to the January 17, 2023 meeting.
1.8. Presentation – Arts & Culture Grant Award Program Report - Continued to a future meeting.
1.9. Presentation – Jesus Center, Amber Abney-Bass - Executive Director - Continued to a future meeting.
2. CONSENT AGENDA – All matters listed under the Consent Agenda were considered routine were therefore enacted by one motion.
2.1. RESOLUTION NO. 75-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX Adopted a resolution authorizing City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax. (Barbara Martin, Administrative Services Director)
2.1. Staff Report
2.2. RESOLUTION NO. 76-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXES RECORDS Adopted a resolution authorizing examination of sales or transactions and use taxes records. (Barbara Martin, Administrative Services Director)
2.2. Staff Report
2.3. 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.
5.2. CONFIRMATION OF CHIEF OF POLICE
Section 605 of the City Charter states that the appointment of department heads is subject to confirmation by the City Council. In order to meet this requirement, City Council is being presented with the employment agreement for the Chief of Police. (Report - Mark Sorensen, City Manager)
: A. In compliance with Government Code Section 54953(c)(3), the City Manager first orally reported a summary of the recommendation for final action related to the Chief of Police employment agreement as follows:
"The City Manager is proposing to enter into an employment agreement with Billy Aldridge as the Chief of Police; and the City Manager is proposing to appoint Billy Aldridge with an annual salary of $189,000.00." B. The City Manager recommended Council Confirmation of the appointment of Billy Aldridge as Chief of Police.
C. Badge Pinning
D. The City Clerk will administer the Oath of Office for the Swearing In of Billy Aldridge as the Chief of Police.
Recommendation : A. In compliance with Government Code Section 54953(c)(3), the City Manager shall first orally report a summary of the recommendation for final action related to the Chief of Police employment agreement as follows:
"The City Manager is proposing to enter into an employment agreement with Billy Aldridge as the Chief of Police; and the City Manager is proposing to appoint Billy Aldridge with an annual salary of $189,000.00." The City Manager recommends Council Confirmation of the appointment of Billy Aldridge as Chief of Police.
5.2. Staff Report
4. PUBLIC HEARINGS
4.1. APPEAL OF PET SHOP PERMIT DENIAL - WAGS AND WHISKERS PET RESCUE In compliance with Chico Municipal Code § 7.24 Wags and Whiskers Pet Rescue applied for a Pet Shop / Pet Store permit for the facility located 2156 Pillsbury Rd. #155. After a pre-license inspection, a letter was sent to Wags and Whiskers indicating that their request for a permit had been denied, and specifically listed all violations and the associated Chico Municipal Code, California Code of Regulations, California Penal Code, California Code of Food and Agriculture, and California Health and Safety Code. Council held a public hearing on this appeal. (Report - Billy Aldridge, Chief of Police)
Recommendation : The Chief of Police recommends denial of the appeal, thereby upholding staff's denial of a use permit for Wags and Whiskers Pet Rescue until such time as the violations listed on the attached document are corrected.
4.1. Staff Report
5.3. INTERNAL AFFAIRS 11/7/22 RECOMMENDATION RELATED TO PARKLETS At its meeting of 10/18/22, the Council voted 5-2, with Brown and Coolidge opposed, to revoke temporary parklets on the same day that the City of Chico's local emergency order was rescinded on December 1, 2022, by a prior Council action. Within that motion, a continuing discussion of parklets was also referred to Internal Affairs Committee (IAC), with the discussion to include how they would be funded, as the costs for installation to be fully borne by the business, along with the City being reimbursed for the loss of revenue of parking spots. IAC discussed this matter at its meeting of 11/7/22, with its recommendation now ready for Council consideration. A copy of the IAC Report for the 11/7/22 meeting, along with the staff report was included for background information. ( Report - Internal Affairs Committee Chair - Kasey Reynolds) Recommendation : The IAC recommended (3-0) that Council direct staff to analyze downtown parking needs and make a recommendation on whether to expand the Outdoor Café program to include Parklets and authorize the use of the remaining ARP funding allocated for parkets to update the City's parking study and potentially develop a Parklets Program.
5.3. IAC Report - Parklets
5.1. CONSIDERATION OF GRANT OF LICENSE FOR CHICO MILITARY HEROES BANNERS Chico Military Heroes, a local organization, had requested that the City reissue a previously approved Type 3 Grant of License allowing them the privilege of recognizing active military personnel with a banner on East Avenue. Chico Military Heroes met all the conditions of the previous Grant of License and there were no issues during the multiple years the banners were displayed. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Recommendation : The Public Works Director - Operations and Maintenance recommends adoption of the following resolution:
RESOLUTION NO. 77-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO CHICO MILITARY HEROES FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY ON STREET LIGHT POLES ALONG EAST AVENUE
5.1. Staff Report
4.2. ZONING AND SUBDIVISION AMENDMENTS FOR CONSISTENCY WITH STATE HOUSING LAW (SB 9), GENERAL ZONING CODE CLEANUP, AND AN APPLICATION FOR A CODE AMENDMENT (CA 22-01) TO ALLOW A CARDROOM LAND USE WITH APPROVAL OF A USE PERMIT IN THE DN (DOWNTOWN NORTH) ZONING DISTRICT All jurisdictions in California are required to comply with Senate Bill 9 that went into effect in January 2022 which allows either: 1) Two-unit housing for the conversion and/or creation of two residences or a duplex on one single family lot, and/or, 2) an Urban Lot Split for the subdivision of an existing lot into two (2) without any public improvements on any lot zoned for single family development (RS, Suburban and R1, Low Density Residential). Staff recommended that a total of two (2) dwelling units be allowed on any lot created through SB-9, which may include a combination of primary and accessory units. Adoption of this ordinance would modify Title 19 of the Chico Municipal Code Chapter by codifying SB 9 in accordance with State housing law, clarify and clean-up the Zoning Ordinance, and allow a cardroom land use with approval of a Use Permit in the DN (Downtown North) zoning district. (Report - Bruce Ambo, Principal Planner)
Recommendation : The Community Development Director and Planning Commission recommend that the City Council 1) Hold a public hearing regarding the proposed amendments to Title 19 of the Chico Municipal Code, and 2) Find that the SB-9 codification is statutorily exempt from CEQA, and that the general Zoning Code cleanup and amendments allowing cardrooms in the DN (Downtown North) zone do not propose any construction, demolition, or other activity that has the potential to negatively impact the environment as cardrooms in particular are currently allowed in the DS (Downtown South) zone and other proximate zoning districts and are within the scope of the EIR that was certified for the General Plan, and 3) Introduce the ordinance to amendment Title 19 of the Chico Municipal Code by reading its title only.
ORDINANCE OF THE CITY OF CHICO CITY COUNCIL AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE TO CODIFY SENATE BILL 9, CLEANUP PROVISIONS OF THE ZONING CODE AND TO ALLOW A CARDROOM USE WITH APPROVAL OF A USE PERMIT IN THE DN (DOWNTOWN NORTH) ZONE - INTRODUCTORY READING
4.2. Staff Report
5. REGULAR AGENDA
5.1. CONSIDERATION OF GRANT OF LICENSE FOR CHICO MILITARY HEROES BANNERS Chico Military Heroes, a local organization, has requested that the City reissue a previously approved Type 3 Grant of License allowing them the privilege of recognizing active military personnel with a banner on East Avenue. Chico Military Heroes met all the conditions of the previous Grant of License and there were no issues during the multiple years the banners were displayed. (Report - Erik Gustafson, Public Works Director - Operations & Maintenance) Recommendation : The Public Works Director - Operations and Maintenance recommends adoption of the following resolution:
RESOLUTION NO. 77-22 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AUTHORIZING GRANT OF LICENSE TO CHICO MILITARY HEROES FOR ENCROACHMENT ON PUBLIC RIGHT OF WAY ON STREET LIGHT POLES ALONG EAST AVENUE
5.4. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792 (UPEC) A resolution which modified the pay and benefit provisions applicable to United Public Employees of California (UPEC), resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Resolution:
RESOLUTION NO. 78-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792 REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 (2022 UPEC MOU)"
5.4. Staff Report
5.3. INTERNAL AFFAIRS 11/7/22 RECOMMENDATION RELATED TO PARKLETS At its meeting of 10/18/22, the Council voted 5-2, with Brown and Coolidge opposed, to revoke temporary parklets on the same day that the City of Chico’s local emergency order was rescinded on December 1, 2022, by a prior Council action. Within that motion, a continuing discussion of parklets was also referred to Internal Affairs Committee (IAC), with the discussion to include how they would be funded, as the costs for installation to be fully borne by the business, along with the City being reimbursed for the loss of revenue of parking spots. IAC discussed this matter at its meeting of 11/7/22, with its recommendation now ready for Council consideration. A copy of the IAC Report for the 11/7/22 meeting, along with the staff report has been included for background information. (Report - Internal Affairs Committee Chair - Kasey Reynolds) Recommendation : The IAC recommended (3-0) that Council direct staff to analyze downtown parking needs and make a recommendation on whether to expand the Outdoor Café program to include Parklets and authorize the use of the remaining ARP funding allocated for parkets to update the City's parking study and potentially develop a Parklets Program.
5.4. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792 (UPEC) Adoption of a resolution which modified the pay and benefit provisions applicable to United Public Employees of California (UPEC), resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Resolution:
RESOLUTION NO. 78-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792 REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR JANUARY 1, 2022 THROUGH DECEMBER 31, 2023 (2022 UPEC MOU)"
5.5. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - CONFIDENTIALS (CNF) Adoption of a resolution which modified the pay and benefit provisions applicable to the Confidentials (CNF), resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Resolution:
RESOLUTION 79-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND CONFIDENTIALS (CNF) REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025 (2022 MOU-CNF)"
5.5. Staff Report
5.6. RATIFICATION OF MEMORANDUM OF UNDERSTANDING - CHICO POLICE OFFICERS' ASSOCIATION (CPOA) Adoption of a resolution which modified the pay and benefit provisions applicable to the Chico Police Officers' Association (CPOA), resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Resolution:
RESOLUTION NO. 80-22 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND THE CHICO POLICE OFFICERS' ASSOCIATION (CPOA) REGARDING PAY, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JANUARY 1, 2021 THROUGH DECEMBER 31, 2023 (2022 MOU-CPOA)"
5.6. Staff Report
5.7. APPROVAL OF LETTER AGREEMENT - STATIONARY ENGINEERS, LOCAL 39 (L39) Approval of a Letter Agreement which modified the pay and benefit provisions applicable to the Stationary Engineers, Local 39 (L39), resulting from a recently concluded meet and confer process. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) Recommendation : The City Manager recommends adoption of the following Letter Agreement:
CITY COUNCIL OF THE CITY OF CHICO APPROVAL OF A LETTER AGREEMENT FOR VARIATION OF MOU PROVISIONS BETWEEN THE CITY OF CHICO AND THE STATIONARY ENGINEERS, LOCAL 39 REGARDING ELECTRICAL/ENVIRONMENTAL SUPERVISOR WAGE ADJUSTMENT
5.7. Staff Report
5.8. COUNCILMEMBER TANDON REQUEST - ADDITIONAL DOG PARK LOCATIONS At its meeting of 11/15/22, Council voted to agendize a request from Councilmember Tandon to discuss having staff work on proposals to get at least one, possibly two, dog park locations on the south side of Chico.
5.8. Councilmember Tandon request - dog parks
5.9. MAYOR COOLIDGE REQUEST - USE OF ARPA FUNDS FOR SHOP LOCAL CAMPAIGN At its meeting of 11/15/22, Council voted to agendize a request from Mayor Coolidge to discuss the use of or reallocation of remaining American Rescue Plan Act funds to assist with a shop local campaign or other needed areas to be identified.
5.9. Mayor Coolidge request - ARPA funds
5.10. 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 actioncould 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, City Manager Sorensen
6.2. SHELTER CRISIS DECLARATION STATUS REPORT -
Information only
On October 5, 2021, the City of Chico (City) declared a shelter crisis pursuant to Government Code section 8698.4. This is the City's first status report to the State of California Senate Committee on Housing and the Assembly Committee on Housing and Community Development, as required by Government Code section 8698.4(a)(6), outlining its progress in addressing its shelter crisis during FY 2021-2022.
6.2. Shelter Crisis Declaration Report
6.3. COUNCILMEMBER REQUESTS - None
7. ADJOURNMENT - Adjourned at 9:55 p.m. to the City Council Closed Session meeting on January 3, 2023, at 5:30 p.m., followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
December 20, 2022
5:30 p.m.
1. CALL TO ORDER - Mayor Coolidge called the Closed Session to order at 5:30 P.M. in the Council Chambers. There were no Council disqualifications nor any public comment. Council recessed at 5:33 p.m. for Closed Session in Conference Room 2.
1.1. ROLL CALL - All Councilmembers were present.
2. CLOSED SESSION AGENDA
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)) 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. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT – The meeting adjourned at 5:45 p.m. to the Adjourned Regular City Council Meeting on December 20, 2022 at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.