ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - March 21, 2023 Minutes
1.1. ADJOURNED REGULAR CITY COUNCIL MEETING - 6:00 p.m.
1.2. Call to Order - Mayor Coolidge called the March 21, 2023 - Adjourned Council Meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.
1.3. Invocation - Police Chaplain, Ray Shelton
1.4. Pledge of Allegiance to the Flag
1.5. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent: None
1.6. March 21, 2023, Closed Session Announcement
The City Attorney announced that Council met in Closed Session with staff regarding the following items:
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 - No action was taken; direction was provided.
2.2. CONFERENCE WITH LEGAL COUNSEL AND RISK MANAGER - Pending Litigation: The City Attorney and Risk Manager reviewed a settlement of a workers' compensation claim pursuant to Gov. Code Sec. 54956.9(d)(1). Case: XXXXX vs. City of Chico: (WC Claim No.
CWCO-550115.) - Direction to staff to settle the case was provided.
2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager - No action was taken; direction was provided.
2.4. 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.
2.5. 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.
2.6. 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.
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2.7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case) - No action was taken; direction was provided.
2.8. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - One Item CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): National Prescription Opiate Litigation, 1:17-MD-2804 (MDL 2804, Northern District of Ohio). - No action was taken; direction was provided.
2. CONSENT AGENDA - All matters listed under the Consent Agenda were considered routine and therefore could be enacted by one motion.
Addressing the Council were Nichole Nava and Monica McDaniel.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to approve the Consent Agenda, with Vice Mayor Reynolds abstaining on Item 2.1.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
2.1. CONSIDERATION OF AN AGREEMENT WITH THE DOWNTOWN CHICO BUSINESS
ASSOCIATION
On January 17, 2023, the City Council approved a request for funding from the Downtown Chico Business Association. The Council was requested to consider the three-year Professional Services Agreement associated with the funding. (Jennifer Macarthy, Deputy City Manager) It was noted for the record that Vice Mayor Reynolds recused herself from this item due to owning property within the area being discussed.
2.2. LETTER AGREEMENT BETWEEN CITY OF CHICO AND CFME
A letter agreement between the City of Chico and Chico Fire Management Employees (CFME), modifying the Memorandum of Understanding (MOU) effective July 1, 2022 - June 30, 2025, including Fire Marshal as a position represented by CFME. (Chelsea Phebus, Director of Human Resources
2.3. ITEMS REMOVED FROM THE CONSENT AGENDA - None
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 on this item were Nichole Nava and Monica McDaniel.
PUBLIC HEARINGS
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4.1. HEARING ORDERING FORMATION OF MAINTENANCE ASSESSMENT DISTRICT A51 =
MAGNOLIA GARDENS
A condition of approval of a final subdivision map requires property owners, Richard and Sherry Payne and Gregory and Susan Martin, a means for funding the future replacement and annual operation and maintenance costs of certain public improvements. The new subdivision is located on the south side of East Avenue, west of Mariposa Avenue and east of Ceanothus Avenue, APN 015- 440-048. (Report - Leigh Ann Sutton, Public Works Director - Engineering) Mayor Coolidge opened the hearing to the public. No one spoke and the hearing was closed A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 24-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO
ORDERING FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT AND APPROVING A
DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS RELATING THERETO - CITY OF CHICO MAINTENANCE ASSESSMENT DISTRICT NO. A51 - MAGNOLIA GARDENS The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
REGULAR AGENDA
5.1. AMENDMENT TO CHAPTER 14.70 OF THE CHICO MUNICIPAL CODE - USE OF PUBLIC RIGHT-
OF-WAY FOR OPERATION OF OUTDOOR CAFES
On December 20, 2022, the City Council directed staff to prepare amendments to the City of Chico Municipal Code to further regulate outdoor cafes in the public right-of-way to allow for expanded participation, and to evaluate the Outdoor Café process for efficiency opportunities. The recommended Code amendments accomplish those objectives. (Report - Jennifer Macarthy, Deputy City Manager)
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to introduce the following ordinance, by reading of title only:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING CHAPTER 14.70 OF
THE CHICO MUNICIPAL CODE TO REGULATE THE USE OF PUBLIC RIGHT-OF-WAY FOR OPERATION OF OUTDOOR CAFÉS
ouncilmember Winslow asked for an amendment to allow for an exception tor a larger area eeded. That amendment was not accepte
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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RATIFICATION OF MEMORANDUM OF UNDERSTANDING - STATIONARY ENGINEERS, LOCAL 39 (L39)
Council considered a resolution that would modify the pay and benefit provisions applicable to the Stationary Engineers, Local 39 (L39), resulting from recently concluded negotiations. (Report - Chelsea Phebus, Director of Human Resources & Risk Management) A motion was made by Councilmember Bennett and seconded by Vice Mayor Reynolds to adopt the following resolution:
RESOLUTION NO. 25-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND STATIONARY ENGINEERS, LOCAL 39 (L39), REGARDING PAY, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JANUARY 1, 2023 THROUGH JUNE 30, 2025 (2023 LOCAL 39 MOU)"
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.3. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL APPROPRIATION/BUDGET MODIFICATION NO. 2023-ASD-003
The Administrative Services Director requested consideration and approval of a Supplemental Appropriation/Budget Modification to the FY 2022-23 Budget. (Report - Barbara Martin, Administrative Services Director)
A motion was made by Councilmember Winslow and seconded by Councilmember Tandon to approve Supplemental Appropriation/Budget Modification No. 2023-ASD-003.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
5.4. INTERNAL AFFAIRS COMMITTEE REPORT - QUALITY OF LIFE AD HOC COMMITTEE Committee at its meeting of 3/6/23 discussed the creation of an ad hoc in order to define: 1) the purpose and necessity; 2) possible structure, including number of members; 3) criteria (if any) for appointment to the committee; and 4) proposed meeting frequency. Following discussion, the IAC was unable to come to a recommendation on the creation of the ad hoc committee. To date, the City has received two nuisance complaints pursuant to Measure L. (Report - Tom van Overbeek, Councilmember and Chair of the Internal Affairs Committee Addressing the Council were Michele Cooper, Nichole Nava, and Rob Berry.
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the creation of a Council Ad Hoc Committee that would meet monthly, with Councilmembers Bennett Tandon, and Vice Mayor Reynolds serving on the committee, with an update to be brought back to Council at the end of the first year.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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5.5. 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. MEMORANDUM TO ALLOW MONUMENT SIGNS ON HISTORIC DOWNTOWN BUILDINGS - Information only
At its meeting 2/21/23, the Council held a discussion related to monument signs on historic downtown buildings and updating the City's sign ordinance to define and allow building monument signs. An Official Planning Director Interpretation was prepared which will authorize the historic signage and is being provided. (Brendan Vieg, Community Development Director)
6.3. INTERNAL AFFAIRS COMMITTEE REPORT - PEDESTRIAN ZONES IN THE DOWNTOWN - Information only
At its meeting of 1/17/23, the Council voted to refer the request of pedestrian zones to increase the vitality of downtown by increasing pedestrian traffic to the Internal Affairs Committee for further discussion. At its meeting of 2/6/23, the IAC discussed the request and received input from the • Are seing of bing, the Ac Downtown Chico Business Association. The DCBA indicated the idea is appealing, however, the DCBA does not currently have the ability to work on this event and would reconsider in the fall. The IAC tabled the discussion until the DCBA indicates it can move forward by submitting a proposal.
6.4. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers may verbally request an item to be agendized at a future meeting. After stating what the item would be, a majority vote of the Council was needed in order for staff to agendize.
Measure H Proceeds - Mayor Coolidge
A motion was made by Mayor Coolidge and seconded by Councilmember Morgan to agendize a discussion regarding allocating the Measure H proceeds with 70% going to roads and the remaining 30% allocated for public safety.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
Reconsideration of a Prior Vote - Vice Mayor Reynolds
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Morgan to agendize Vice Mayor Reynold's request for reconsideration of her vote on the Planning Commissioners.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow
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ADJOURNMENT - Adjourned at 10:22 p.m. to the City Council Closed Session meeting on April 4, 2023, 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: /drp 5/2/23
Sebrank Pressan
Deborah R. Presson, MMC, City Clerk
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CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Agenda
March 21, 2023
1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All members were present.
CLOSED SESSION AGENDA - There were no public comments nor any Council disqualifications.
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 AND RISK MANAGER - Pending Litigation: The City Attorney and Risk Manager reviewed a settlement of a workers' compensation claim pursuant to Gov. Code Sec. 54956.9(d)(1). Case: XXXXX vs. City of Chico: (WC Claim No.
CWCO-550115.)
2.3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney, City Clerk, City Manager
2.4. 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
2.5. 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
2.6. 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
2.7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - (1 case)
2.8. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): National Prescription Opiate Litigation, 1:17-MD-2804 (MDL 2804, Northern District of Ohio).
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ADJOURNMENT - The meeting was adjourned at 5:45 p.m. to the Adjourned Regular City Council Meeting on March 21, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA Date Approved: /drp 5/2/23
Nebralk Pressane
Deborah R. Presson, MMC, City Clerk
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