ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - December 20, 2022 Minutes
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
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
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
1.. 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.
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.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan 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
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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)
2.2. 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)
2.3. ITEMS REMOVED FROM THE CONSENT AGENDA - None
3. BUSINESS FROM THE FLOOR - Members of the public addressed the Council 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 under Business from the Floor were James Hutchinson and Julia Keener.
5.2. CONFIRMATION OF CHIEF OF POLICE - This item was moved up and heard before Public Hearings.
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 was presented with the employment agreement for the Chief of Police. (Report - Mark Sorensen, City Manager) 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."
The City Manager recommended Council confirmation of the appointment of Billy Aldridge as Chief of Police.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett to confirm the appointment of Billy Aldridge as Chief of Police.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
Following the Badge Pinning, the City Clerk administered the Oath of Office to Billy Aldridge, now serving as the Chief of Police.
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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)
The Council recessed for a five-minute break at 6:19 p.m. The meeting was reconvened, and all members were present.
Ex Parte Announcements - None Reported
The appellant Lucy Parks and her attorney addressed the Council for 15 minutes. Additional speakers included Kylie, Dasha, Tonya, Art, Perl, Roberta, Raquel, Diane Lewis, Katrina Woodcox, and Karen Holcomb.
Lucy Park's attorney was provided with a three-minute rebuttal.
The hearing was closed to further comment.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to deny the appeal, thereby upholding staffs denial of a use permit for Wags and Whiskers Pet Rescue until such time as the violations are corrected.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
The Council recessed for a 10-minute break at 7:31 p.m. The meeting was reconvened, and all members were present.
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) Commissioner van Overbeek announced he was disqualified on this item due to owning property in the area being discussed. He left the dais and the Chamber.
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Ex Parte Announcements:
Councilmember Bennett, Councilmember Morgan, Councilmember Tandon and Vice Mayor Reynolds announced that they all had spoken to Jon Scott regarding the proposed cardroom.
Public Hearing:
Mayor Coolidge opened the hearing to the public. Addressing the Council were Jon Scott and Will Brady. The hearing was closed to further comment.
A motion was made by Councilmember Morgan and seconded by Councilmember Bennett to introduce the following ordinance, by reading of 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
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, Winslow, Reynolds, Coolidge NOES: None
DISQ: van Overbeek
5. REGULAR AGENDA
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) Addressing the Council on this item were Rob Berry and Chris Nelson.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to adopt 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 Councilmember Winslow made a substitute motion to send this item to the Arts Commission for review as the installations could be considered a form of art. The motion died for a lack of a second The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
5.2. CONFIRMATION OF THE POLICE CHIEF - This item was moved up to the beginning of the meeting.
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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) Addressing the Council were Will Brady and Doug Roberts.
A motion was made by Mayor Coolidge and seconded by Councilmember Morgan to direct staff to update the code to allow for outdoor bars if the City can actually authorize alcohol consumption Vice Mayor Reynolds noted for the record that she believes that the remaining parklets should be removed as that action was taken already by the Council.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
Councilmember van Overbeek made a motion to have the temporary parkettes go away by January 31st, and to direct staff to expedite a process that will allow businesses to get permits within 60-days after submission. The motion died for a lack of a second.
A motion was made by Councilmember van Overbeek to direct staff to use its best efforts to devise an expedited permitting process for outdoor cafes for people who currently have temporary parklets.
Councilmember Morgan said he would second the motion with the removal of "prioritizing businesses that currently have temporary parklets."
Councilmember van Overbeek accepted the friendly amendment.
The motion to direct staff to use its "best efforts to devise an expedited permitting process for outdoor cafes" carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to direct staff to bring back an ordinance that will allow the Council to consider outdoor cafes in diagonal parking areas.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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The Council recessed at 9:23 p.m. for a five-minute break. The meeting was reconvened, and all members were present.
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)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to adopt 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)"
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to adopt 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)"
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett to adopt 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)"
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The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 confel process. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve 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
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 A motion was made by Councilmember Bennett and seconded by Councilmember van Overbeek to direct staff to look for more areas for dog parks in the southern part of the City.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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.
A motion was made by Mayor Coolidge and seconded by Councilmember Tandon to direct staff to bring back an outline of a potential "shop local" program perhaps utilizing the use of or reallocation of remaining American Rescue Plan Act funds (potentially $200,000) to assist with a shop local campaign or other needed areas to be identified.
Vice Mayor Reynolds clarified for the record that more information was needed before moving forward; that all businesses within the City would be participants not just those in the downtown area; and that if the Council moved forward with the program, proposals from marketing firms would be needed clearly outlining the proposed program details.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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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 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, 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.
6.3. 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.
Date Approved: /drp 2/21/23
Nebrake Presen
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
December 20, 2022
5:30 p.m.
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.
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.
Date Approved: /drp 2/21/23
essen
Deborah R. Presson, MMC, City Clerk
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