ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - March 7, 2023 Minutes
1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the March 7, 2023 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Zion Community Christian Center - Reverend Penny Derosier
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
Mayor Coolidge announced Item 2.4. was being pulled from the agenda and heard at a future meeting
1.6. March 7, 2023 Closed Session Announcement
City Clerk Presson announced that Council met in Closed Session with staff regarding the items as noted below:
2.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov.
Code Sec. 54956.9(a): BCSC Case No. 23CV00376. Sierra Club, et al v. City of Chico - No action was taken; direction was provided.
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 - No action was taken; direction was provided.
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 - No action was taken; direction was provided.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (3 cases) - No action was taken: direction was provided.
1.7. Proclamation - American Red Cross Month
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 Nichole Nava.
Item 2.2. was removed from Consent for further discussion and Item 2.4. was continued to a future meeting.
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A motion was made by Vice Mayor Reynolds and seconded by Councilmember Bennett to approve the Consent Agenda, as read, with Item 2.2. removed for further discussion and Item 2.4. continuec to a future meeting.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. RESOLUTION NO. 23-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING
ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM
CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 115 CHICO CANYON ROAD - ASSESSOR'S PARCEL NO. 018-010-080 (Petition from property owner Oakleaf Properties LLC, by Leslie Depweg, manager) Adopted a resolution authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Leigh Ann Sutton - Public Works Director-Engineering)
2.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO OPPOSING INITIATIVE 21- 0042A1 - THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT - This item was removed from Consent for further discussion.
2.3. FIRE STATION NO. 1 - PHASE 1 & 2 PROJECT CLOSEOUT
On October 11, 2019, the City of Chico entered into a Public Works Agreement with Anthem Builders, Inc. to remodel Fire Station No. 1 in several phases. Anthem failed to complete the work due to bankruptcy, with only a few minor "punch list" items remaining to be completed. The City made a demand on Berkley Insurance Company, the issuer of the performance bond to complete the project.
Berkley and the City entered into a Closeout Agreement whereby Berkley hired a new Contractor to complete the work, and the City agreed to pay the remaining contract funds in the amount of $70,816.27 to Berkley. The work has been completed satisfactorily, and the City was now prepared to release the funds to Berkley. (Erik Gustafson, Public Works Director - Operations and Maintenance)
2.4. CONSIDERATION OF AN AGREEMENT WITH THE DOWNTOWN CHICO BUSINESS ASSOCIATION - This item was not heard and continued to a future meeting.
2.5. LETTER AGREEMENT BETWEEN CITY OF CHICO AND SEIU, LOCAL 1021 A letter agreement between the City of Chico and Service Employees International Union (SEIU).
Lee ler 31, dia, preing a reuten serian in for the gee Mechani position. (Chelsea Phebus, Director of Human Resources & Risk Management)
2.6. ACKNOWLEDGEMENT AND ACCEPTANCE OF ANNUAL AUDITED FINANCIAL REPORTS The certified public accounting firm of CliftonLarsonAllen, LLP was engaged by the City Council to perform an audit of the financial statements and perform compliance testing of the City of Chico Chico Public Financing Authority, Passenger Facility Charge and Chico Urban Area Joint Powers Financing Authority for the fiscal year ended June 30, 2022. (Barbara Martin, Administrative Services Director)
2.7. APPROVAL OF COUNCIL MEETING MINUTES OF 1/3/23, 1/17/23, 2/7/23, AND 2/21/23
2.8. ITEMS REMOVED FROM THE CONSENT AGENDA - Items 2.2. and 2.4.
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2.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO OPPOSING INITIATIVE 21-0042A1 - THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT - removed from the Consent Agenda for further discussion.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to delay any action on this resolution until more information was received clarifying the impacts if this initiative is passed by the voters.
The motion carried by the following vote
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
3. 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 acting at this meeting on requests made under this section of the agenda.
Addressing the Council were Robyn Engel, Kim Nott, George Deeds, Lynne Bellante, Eric Nilsson, Loretta Torres, Nichole Nava, Bill Monroe, Wade Davis, Sisarie Sherry, Patrick Newman, and Sasha Anya.
4. PUBLIC HEARINGS - None
5. REGULAR AGENDA
5.1. BOARD AND COMMISSION ANALYSIS
At its meeting of February 7, 2023, the Council was provided with an overview of the City's current advisory bodies, roles and responsibilities, and meeting information. Council asked the City Clerk to bring back possible modifications related to amending the frequency of meetings for the Bidwell Park & Playground Commission (BPPC) and Climate Action Commission, provide a draft policy statement limiting commissioner's abilities to agendize individual requests, and provide an analysis on the consolidation of the Architectural Review and Historic Preservation Board (ARHPB) duties in with the Planning Commission structure. (Report - Deborah R. Presson, City Clerk & Elections Official) Addressing the Council on this item was Kim Nott, Vivian Conery, Eric Nilsson, Justin Peek, Eric Chisler, Chelsea Barron, Kimberlee Michl-Green, Gennesis Ospina, Emily Einspar, and Katie Posey.
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to continue having the Bidwell Park and Playground Commission hold monthly meetings and to change the Climate Action Commission to meet only when needed.
A substitute motion was made by Councilmember Winslow to move the Climate Action Commission to quarterly and when needed meetings. That motion died for a lack of a second.
The original motion to keep holding monthly Bidwell Park and Playground Commission meetings and the Climate Action Commission to be changed to meeting only when needed carried by the following AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
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A motion was made by Councilmember Morgan and seconded by Councilmember Bennett to approve the proposed revisions to AP&P's that would limit the ability of a commissioner to agendize additional items.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds
NOES: Winslow, Coolidge
A motion was made by Councilmember Morgan and seconded by Councilmember van Overbeek to direct staff to have the duties of the Architectural Review and Historic Preservation Board absorbed under by the Planning Commission.
The motion carried by the following vote:
AYES: Morgan, van Overbeek, Reynolds, Coolidge
NOES: Bennett, Tandon, Winslow
The Council recessed at 7:51 p.m. for a 15-minute break. The meeting was reconvened, and all members were present.
5.2. APPOINTMENT OF MEMBERS TO THE ARTS COMMISSION, BIDWELL PARK & PLAYGROUND
COMMISSION AND PLANNING COMMISSION
At the February 21, 2023 meeting, the Council heard from the applicants who had applied for a City even de me it in re in vacant at on the ang com nati
with that appointee serving out the remaining two-years on that term. (Report - Deborah R.
Presson, City Clerk & Elections Official)
Addressing the Council on this item was Kim Nott.
A motion was made by Councilmember Winslow and seconded by Councilmember Morgan to confirm the individual nominations of Vianna Boring (van Overbeek), Bonnie Pipkin (Winslow), and Katie Posey (Reynolds) as well as Gina Bax who had received five nominations to fill the 2-year seat on the Arts Commission.
The motion carried by the following vote:
AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to confirm the individual nominations of John Blachley (van Overbeek), Nichole Nava (Reynolds), and replacing Raphael DiGenova (Winslow) with Jinny Sheer.
A substitute motion was made by Councilmember Winslow to confirm the three nominees as listed in the staff report. The motion died for a lack of a second.
The original motion to confirm the appointment of John Blachley, Nichole Nava, and Jinny Sheer to the Bidwell Park and Playground Commission carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds
NOES: Winslow, Coolidge
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A motion was made by Councilmember Winslow and seconded by Councilmember Tandon to confirm Mark Wolfe (van Overbeek), Margaret Scarpa (Winslow), and Brandi Laffins (Reynolds) as the three new Planning Commissioners, each serving a four-year term.
A substitute motion was made by Councilmember Morgan and seconded by van Overbeek to confirm Mark Wolfe, Brandi Laffins, and to replace Margaret Scarpa with Bob Evans.
The motion failed due to the following vote:
AYES: Bennett, Morgan, van Overbeek
NOES: Tandon, Winslow, Reynolds, Coolidge
A substitute motion was made by Councilmember Bennett to confirm the appointments of Mark Wolfe and replacing Brandi Laffins with Ken Rensink, and Margaret Scarpa with Bob Evans.
The motion failed due to a lack of a second.
A substitute motion was made by Mayor Coolidge to confirm the appointments of Mark Wolfe, Margaret Scarpa, and Brandi Laffins. This motion was out of order due to it being the original motion on the floor.
The original motion made by Councilmember Winslow and seconded by Councilmember Tandon to confirm the appointments of Mark Wolfe, Margaret Scarpa, and Brandi Laffins carried by the following AYES: Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Bennett, Morgan
5.3. CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-PWE-008
The Public Works Engineering Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2022-23 Budget reallocating unused transportation funding from capital project Lower Park Road Rehab to the newly established Upper Park Road Treatment to better align with City needs as well as request to allocate $4,000,000 in Measure H funds to FY 22/23 paving projects. (Report - Leigh Ann Sutton, Public Works Director- Engineering)
A motion was made by Councilmember Bennett and seconded by Councilmember Morgan to approve the Supplemental Appropriation/Budget Modification No. 2023-PWE-008 A substitute motion was made by Councilmember Tandon and seconded by Councilmember Winslow o not move forward with the Amber Grove project but approve Supplemental Appropriation/Budge Vlodification No. 2023-PWE-008 with that change, with direction to staff to bring back other option:
to replace the Amber Grove project. The original motion died due to the substitute motion carrying.
The motion carried by the following vote:
AYES: Tandon, van Overbeek, Winslow, Coolidge
NOES: Bennett, Morgan, Reynolds
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5.4. AMENDMENT TO CITY OF CHICO BUDGET APPENDIX B-3
Amendment of the City of Chico's 2022-23 Fiscal Year Budget Appendix B-1: Employee Pay Schedules and B-3: Schedule of Job Title Allocations. (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 proposed amendment of Budget Appendices B-1 and B-3, as submitted.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.5. VICE MAYOR REYNOLDS REQUEST - DCBA EVENT IN CITY PLAZA At its meeting of 2/21/23, Council voted to agendize at its next meeting, a request from Vice Mayor Reynolds to discuss an upcoming Downtown Chico Business Association event in City Plaza that would require an exemption to the current code to allow serving beer and wine on City property.
Addressing the Council on this item was Greg Scott.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember van Overbeek to direct staff to create a code amendment that would outline a permit process similar to what was used at the Bidwell Golf Course, with City Manager approval to allow for alcohol consumption in the City Plaza for special events.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.6. 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. MONTHLY FINANCIAL REPORT AND BUDGET MONITORING REPORTS - Information only
6.3. SUNSHINING OF DRAFT MOU - STATIONARY ENGINEERS, LOCAL 39 (L39) - Information only Pursuant to the "Sunshine and Transparency" requirements of the negotiation process, the Council was provided a draft copy of the Memorandum of Understanding applicable to the L39. This initiated the two week "sunshining" period for Council and community members to review the draft document. A final presentation will be brought forward to Council for consideration at its meeting on March 21, 2023. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
6.4. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers can verbally request items to be agendized at a future meeting. After stating what the item would be, a majority vote of the Council would be needed in order for staff to agendize.
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A. COUNCILMEMBER VAN OVERBEEK REQUEST - CHANGE REFERENCES TO DOWNTOWN CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO "HISTORIC DOWNTOWN CHICO" Councilmember van Overbeek submitted a request to agendize a discussion about changing the references to Downtown Chico in Chico's public documents and signage to "Historic Downtown Chico."
A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to agendize discussion about changing the references to Downtown Chico in Chico's public documents and signage to "Historic Downtown Chico."
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
B. COUNCILMEMBER TANDON REQUEST - SUPPORT OF SB 43 AND 363 Councilmember Tandon submitted a request to agendize a discussion for a letter of endorsement/support of Senate Bills 43 and 363 to overhaul the state's behavioral health care system.
A motion was made by Councilmember Tandon and seconded by Councilmember Morgan to agendize a discussion for a letter of endorsement/support of Senate Bills 43 and 363 to overhaul the state's behavioral health care system.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
DISCUSSION OF AP&P 10-10 RELATED TO COUNCILMEMBER REQUESTS - Verbal Request by Councilmember Morgan
A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to agendize a discussion regarding the process used for Councilmember requests as outlined in AP&P 10-10.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
7. ADJOURNMENT - Adjourned at 9:16 p.m. to the City Council Closed Session meeting on March 21, 2023, at 5:30 p.m., followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: 5/2/23
Nebrand Thessan
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Minutes
March 7, 2023
CALL TO ORDER AT 5:30 P.M. IN THE COUNCIL CHAMBER - No speakers nor any Council disqualifications.
1.1. ROLL CALL - All Members were present.
2. CLOSED SESSION AGENDA
2.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC Case No. 23CV00376. Sierra Club, et al v. City of Chico - No action was taken; direction was provided.
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 - No action was taken; direction was provided.
2.3. 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 - No action was taken; direction was provided.
2.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (3 cases) - No action was taken; direction was provided.
2.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
3. ADJOURNMENT - The meeting adjourned at 5:58 p.m. to the Regular City Council Meeting on March 7, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
Date Approved: 5/2/23
Neman tesson
Deborah R. Presson, MMC, City Clerk
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