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Minutes

Chico City Council
November 7, 2023

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Minutes
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November 7, 2023
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Chico City Council
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Text extracted from the city's file for reading and search. Open the original on chico-ca.granicus.com. That file is the official record.

ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - November 7, 2023 Minutes

1.1. REGULAR CITY COUNCIL MEETING - 6:00 p.m.

1.2. Call to Order - Mayor Coolidge called the November 7, 2024 Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

Moment of Silence - Town of Paradise Fire Victims

1.3. Invocation - Pastor Cherise Gardner, Chico Adventist Church

1.4. Pledge of Allegiance to the Flag

1.5. Roll Call

Present: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge

Absent: Tandon

1.6. November 7, 2023 Closed Session Announcement
City Attorney Lam announced that Council met in Closed Session at 5:00 p.m. regarding the following items as noted on Page 7.

2.1. Fire Victim's Trust - Council was briefed; no action was taken.

2.2. Conference with Labor Negotiator - This item was not discussed

2.3. Existing Litigation (Warren v Chico) - Direction was provided; no action was taken.

1.7. Proclamations
* Homeless and Runaway Youth Awareness Month
* Chico Housing Action Team 10th Anniversary

1.8. Mayor's Achievement in the Arts Awards

2. CONSENT AGENDA
James Hutchinson addressed the Council on the Consent Agenda.

A motion was made by Vice Mayor Reynolds and seconded by Mayor Coolidge to approve the Consent Agenda, with Councilmember Winslow voting no on Items 2.1. and 2.3.

The motion carried by the following vote:

AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Tandon

2.1. ORDINANCE NO. 2594 - ORDINANCE OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER 2.54 OF THE CHICO MUNICIPAL CODE TO CALL FOR MEETINGS OF THE CLIMATE ACTION COMMISSION ON AN AS NEEDED ONLY BASIS - Final reading and adoption by reading of title only
November 7, 2023 City Council Minutes Page/1
Councilmember Winslow voted "no" on this item.

2.2. RESOLUTION NO. 64-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO

AUTHORIZING ELECTRONIC CLAIMS FILING
The City of Chico currently requires claims for money or damages to be submitted to the City Clerk's Office either in person or via mail. Procedures for filing claims against the City are as set forth in Division

3.6 of Title 1 of the Government Code. Government Code 915 (a)(3), allowing authorization of electronic submission of claims if authorized by City resolution or ordinance. Electronic filing of claims wil streamline the process in claims filing as it will reduce staff time, complainant time and material waste compared to mailing and handling of hard-copy claims. By adoption of the resolution the City Council formally authorized electronic claims filing. (Angie Dilg, Records Manager/Management Analyst)

2.3. LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO PUBLIC SAFETY

ASSOCIATION
Approved a letter agreement between the City of Chico and (CPSA), modifying the Memorandum of Understanding (MOU) effective July 1, 2021 - June 30, 2023, regarding the lateral recruitment & retention bonuses. (Chelsea Phebus, Director of Human Resources & Risk Management)

2.4. RESOLUTION NO. 65-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO APPROVING "MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICO AND

CPSA REGARDING PAY, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025 (2023 CPSA MOU)" Adopted a resolution which modified the pay and benefit provisions applicable to the Chico Public Safety Association, resulting from recently concluded negotiations. (Chelsea Phebus, Director of Human Resources & Risk Management)

2.5. RESOLUTION NO. 66-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON OCTOBER 3, 2023 Butte Local Agency Formation Commission forwarded a letter and resolution formally requesting that the City of Chico call for an election on the matter of the annexation of the Chico Canyon Road Annexation No. 8 and direct the City's Election Official to conduct a mailed ballot election pursuant to Gov. Code Section 57125. A Special Election was held on October 3, 2023, for the purpose of submitting the question regarding the Chico Canyon Road Annexation No. 8 to the voters residing in that area. The City Clerk has certified the official results of the election conducted. By adoption of the resolution, the City Council formally declared the results of this election pursuant to Article 4, Chapter 2, Division 10 of the Elections Code. (Deborah R. Presson, City Clerk & Elections Official)

2.6. ADOPTION OF SEWER IN LIEU RESOLUTIONS - 13310, 13320, 13330, AND 13360 GARNER

LANE - JP INVESTMENTS, LLC (COURTESY MOTORS)
Adopted resolutions authorizing sewer assessments to be collected on the tax roll, in lieu of full and immediate payment of the sewer system connection fees. (Brendan Ottoboni - Public Works Director - Engineering)
RESOLUTION NO. 67-23 - 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 - 13310 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-081 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh)
RESOLUTION NO. 68-23 - RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO LEVYING November 7, 2023 City Council Minutes Page /2

ASSESSMENT INSTALLMENTS IN LIEU OF THE PAYMENT OF SEWER SYSTEM

CONNECTION FEES INCIDENT TO THE CONNECTION OF PREMISES TO THE CITY SEWER SYSTEM - 13320 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-082 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh)
RESOLUTION NO. 69-23 - 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 - 13330 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-083 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh)
RESOLUTION NO. 70-23 - 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 - 13360 GARNER LANE - ASSESSOR'S PARCEL NO. 006-400-084 (Petition from property owner JP Real Estate Investments, LLC by Shahram Mihanpajouh (aka Jerry Pajouh) and Diane Mihanpajouh)

2.7. RESOLUTION NO. 71-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO

AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL CALRECYCLE

GRANT PROGRAMS FOR WHICH THE CITY OF CHICO IS ELIGIBLE
Adopted a resolution authorizing an application to the California Department of Resources Recycling and Recovery (CalRecycle) for a Local Assistance Grant Program to help the City meet the mandatory organic waste reduction regulations (Senate Bill 1383) and other CalRecycle grant programs. (Erik Gustafson, Public Works Director - Operations & Maintenance)

2.8. RESOLUTION NO. 72-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING THE CITY'S FEE SCHEDULE (AMENDMENT NO. 350 - FEE SCHEDULE 21.010) At its October 17, 2023 meeting, the City Council directed that the application fee for projects that require major review by the City s Architectural Review and Historic Preservation Board be assessed at thirty percent (30%) of the previous fee of $8,256.00. The attached resolution directed that Fee Schedule No. 21.010, "Planning Fees" be amended to change the adopted fee for Architectural Review and Historic Preservation Board Consideration - Major Review" to $2477.00. (Brendan Vieg, Community Development Director)

2.9. ITEMS REMOVED FROM THE CONSENT AGENDA - None
PUBLIC COMMENTS - 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 were Greg Scott, James Hutchinson, and Deya Ammar.

Due to outbursts from the public, the Council recessed at 6:28 p.m. for a 20-minute break. The meeting was reconvened, and all members of the Council were present.

Addressing the Council were Marie Rodriguez, Yahmo Ahqha, Annie Harrison, Gana Hadeed, Mohammad Saedah, Shaheera Abbasi, Bill Lhuillier, Ramzia Sediqi, Shandana Hassan, and Rain Scher.

Due to additional public outbursts in the Chamber, the Council recessed at 6:53 p.m. The meeting was reconvened, and all members of Council were present.

November 7, 2023 City Council Minutes Page/3
The final speakers addressing the Council under Public Comment were Ed Tietz, Nora Cooper, Dave Donnan, Samuel Barber, Florence, Michele Jordan, Bill Monroe, Katie Posey, Nichole Nava, Loren Downer, Kathy Vlach, Katherin Maddrue, Danielle Antoinette, Sarah Deek, and Nikki Pyle.

4. PUBLIC HEARINGS

4.1. HEARING REGARDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING AMENDMENT NO. 6 TO DEVELOPMENT AGREEMENT 05-02 BETWEEN THE CITY OF CHICO AND MERIAM PARK, LLC (GONZALES DEVELOPMENT CO., APNs Various) Hearing and Introductory Reading of an Ordinance that would amend the Development Agreement (DA 05-02) between the City of Chico and Meriam Park, LLC, to do the following: (1) identify the two remaining residential developers in Meriam Park, (2) update the Project Description to reflect the currently anticipated build out of 1,667 residential units in Meriam Park, (3) revise due dates for the completion of the two neighborhood parks, (4) assign remaining park improvement obligations to the Mayor Coolidge opened the hearing. Addressing the Council were Dan Gonzales, Rob Berry, and Wesley Rodriguez.

Additional speakers were Florence and Aaron Schwartz.

The hearing was closed to further comment.

A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to introduce the following ordinance by reading its title only:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO APPROVING AMENDMENT NO. 6 TO DEVELOPMENT AGREEMENT 05-02 BETWEEN THE CITY OF CHICO AND MERIAM PARK, LLC (GONZALES DEVELOPMENT CO.)
The motion carried by the following vote:

AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Tandon

REGULAR AGENDA

5.1. ADDITION OF DRONES TO MILITARY EQUIPMENT INVENTORY The Chico Police Department asked the City Council to approve the addition of one DJI Avata and one DJI Mavic 3 Enterprise drones. The DJI Avata drone is a first person viewed drone utilized to search interiors or areas where Officer safety becomes a factor. The operator wears goggles and can see the view from the cameras located on the drone. The Mavic 3 Enterprise drone will be solely used for an evidence and crime scene mapping system.

November 7, 2023 City Council Minutes Pagel4
This pairs with a recently purchased crime scene mapping hardware, Pix4D to create a 3D image of both evidence and the scene in its entirety. This system will enhance and greatly improve the time it takes to process crime scene photos and evidence locations. Likewise, it will provide the District Attorney and Court with a much more professional product to present in major cases. (Report - Billy Aldridge, Chief of Police)
Addressing the Council were James Hutchinson, Rain Scher, Benson, Nichole Nava, and Yahmo Ahaha.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to approve the requested items be immediately placed within the deployable Military Equipment inventory list as required by law provided in Assembly Bill 481 and City of Chico Ordinance 2.28.050.

The motion carried by the following vote:

AYES: Bennett, Morgan, van Overbeek, Reynolds, Coolidge NOES: Winslow
ABSENT: Tandon
The meeting was recessed at 8:18 p.m. for a ten-minute break. The meeting was reconvened, and all members of Council were present.

5.2. AMENDMENT TO CITY OF CHICO BUDGET APPENDICES B-1 AND B-3 An amendment to the City of Chico's 23-24 Fiscal Year Budget Appendices B-1 and B-3, modifying position allocations for Human Resources & Risk Management. (Report - Chelsea Phebus, Director of Human Resources & Risk Management)
A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to approve Budget Appendices B-1and B-3 as submitted.

The motion carried by the following vote:

AYES: Bennett, van Overbeek, Winslow, Coolidge
NOES: Morgan, Reynolds
ABSENT: Tandon

5.3. COUNCIL DISCUSSION AND DIRECTION ON FUNDS FOR PARKS AND HOUSING At its meeting of 6/6/23, following approval of the FY 23-24 Final Budget, Council voted to direct staff to return to Council with a proposed supplemental appropriation allocating funds to parks and housing, and other areas. (Verbal Report - Mark Sorensen, City Manager) Addressing the Council on this item were Nichole Nava and Florence.

A motion was made by Councilmember Morgan and seconded by Vice Mayor Reynolds to table this item until the budget discussions begin.

A substitute motion was made by Councilmember Winslow and seconded by Mayor Coolidge to table this matter until January and have departments come back with other projects related to parks and housing.

November 7, 2023 City Council Minutes Page|5
The motion failed by the following vote:

AYES: Winslow, Coolidge Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: Bennett, Morgan, van Overbeek, Reynolds
ABSENT: Tandon
The original motion made by Councilmember Morgan and seconded by Vice Mayor Reynolds to table this item until the budget discussions begin was then acted on.

The motion carried by the following vote:

AYES: Bennett, Morgan, van Overbeek, Reynolds,
NOES: Winslow, Coolidge

5.4. 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. COUNCILMEMBER REQUESTS - Pursuant to AP&P 10-10, Councilmembers could verbally request an item to be agendized at a future meeting. After stating what the item would be, a majority vote of Council was needed in order for staff to agendize.

Vice Mayor Reynolds - Mobile Home Parks Discussion
A motion was made by Vice Mayor Reynolds and seconded by Councilmember Winslow to agendize a discussion regarding mobile home parks and if there are ordinances that could be enacted that would assist the community.

The motion carried by the following vote:

AYES: Bennett, Morgan, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
ABSENT: Tandon

7. ADJOURNMENT - Adjourned at 8:53 p.m. to the City Council Closed Session meeting on Tuesday, November 21, 2023, at 5:00 p.m., followed by the Adjourned Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.

Date Approved: /drp 1/16/24
sebrantPresson
Deborah R. Presson, MMC, City Clerk
November 7, 2023 City Council Minutes Page|6

CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Minutes
November 7, 2023

1. CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER

1.1. ROLL CALL - All Councilmembers were present.

2. CLOSED SESSION AGENDA - There were no speakers and no Council disqualifications.

2.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): In Re PG&E Corporation, Case No. 19-30088 - Fire Victim s Trust Claim - Council was briefed; no action was taken.

2.2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - This item was not discussed.

Negotiator: Laura Izon (Atkinson, Andelson, Loya, Ruud and Romo law firm (AALRR)) & Chelsea Phebus, Human Resources Director
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

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 - Direction was provided; no action was taken.

2.4. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None

3. ADJOURNMENT - The meeting adjourned at 5:55 p.m. to the Regular City Council Meeting on November 7, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

Date Approved: /drp 1/16/24
Strand Passen
Deborah R. Presson, MMC, City Clerk
November 7, 2023 City Council Minutes Page| 7

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