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Minutes

Chico City Council
December 5, 2023

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Minutes
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December 5, 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 - December 5, 2023 Minutes

1.1. Call to Order - Mayor Coolidge called the December 5, 2023 - Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.

1.2. Invocation - Pastor Heath Jarrett, Living Hope Fellowship

1.3. Pledge of Allegiance to the Flag

1.4. Roll Call

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

Absent:

1.5. December 5, 2023 Closed Session Announcement
City Attorney Lam announced that Council met in Closed Session with staff on the following items:

2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - (Councilmember Tandon recused herself during the UPEC discussion as she had a potential financial interest due to her spouse's membership in that group. She did not stay in the Conference Room during the discussion.) Council was briefed; direction was provided. No formal action was taken.

2.2 SECURITY OF PUBLIC BUILDINGS - Council was provided with a report. No action was taken; direction was provided.

2.3. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Estate of Tyler Rushing, et al. v. City of Chico, et al. - Council was briefed. No action was taken; direction was provided.

1.6. Presentation - Chico Rescue Mission, Richard Hathaway

2. CONSENT AGENDA
Addressing the Council on the Consent Agenda items were James Hutchinson, Nichole Nava, and Greg Scott.

A motion was made by Vice Mayor Reynolds and seconded by Councilmember Tandon to approve the Consent Agenda, as read, with Item 2.1. removed from Consent and heard as a Regular Agenda.

The motion carried by the following vote:

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

2.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DETERMINING THAT THE

PREPARATION OF THE ACTIVE TRANSPORTATION PLAN (ATP) IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.20(A)(1) AND ADOPTING THE CITY OF CHICO ACTIVE TRANSPORTATION PLAN - This item was moved to the Regular Agenda and heard as a regular item.

December 5, 2023 City Council Minutes Page|1

2.2. SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO MANAGEMENT

EMPLOYEES
Approval of a side letter agreement between the City of Chico and Chico Management Employees modifying the Memorandum of Understanding (MOU) to include the position of Senior Human Resources Analyst. (Chelsea Phebus, Director of Human Resources & Risk Management)

2.3. CONFIRMATION OF MAYOR'S APPOINTMENT OF LIAISON TO THE DOWNTOWN CHICO

BUSINESS ASSOCIATION
Confirmation of the Mayor's appointment of Councilmember Bennett to replace Councilmember van Overbeek as the Liaison to the Downtown Chico Business Association. (Andrew Coolidge, Mayor)

2.4. CONSIDERATION OF HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM

GRANT APPLICATION
The County of Butte Department of Employment and Social Services issued a Request for Proposals for the Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) grant program. The grant program is in alignment with existing City operations for outreach and engagement and emergency shelter provision. The Council was asked to approve an application submittal in an amount not to exceed $1,000,000. (Jennifer Macarthy, Deputy City Manager)

2.5. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.1.

3. PUBLIC COMMENTS - Members of the public addressed the Council at this time on matters not already listed on the agenda and within the jurisdiction's authority. The Council was prohibited from taking any action at this meeting on requests made under this section of the agenda.

Addressing the Council was Deya Ammar, Teri DuBose, James Hutchinson, lo Savage, Marie Rodriguez, Rasha, Shahira, Lana, Annette Jefferson, Danielle Hidalgo, Annette Jefferson, Danielle Hidalgo, and Yahmo.

Due to outbursts in the Council Chamber, the Council recessed at 6:48 p.m. for a 15-minute break. The meeting was reconvened, and all members were present, except for Councilmember Morgan who returned 15-minutes later.

Following the break, Ahqha, Rain Scher, Mohammad, Shandana, Ramzia, Bill Monroe, Nichole Nava, Anne Harrison, Ann Polivka, Monica McDaniel, Florence, Gina Bax, and Patrick Newell addressed the Council.

4. PUBLIC HEARINGS - None

5. REGULAR AGENDA

2.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DETERMINING THAT THE

PREPARATION OF THE ACTIVE TRANSPORTATION PLAN (ATP) IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.20(A)(1) AND ADOPTING THE CITY OF CHICO ACTIVE TRANSPORTATION PLAN - This item was removed from the Consent Agenda in order to be heard as regular item.

Consideration of a resolution, determining the project was categorically exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Public Resources Code Section 21080.20(a)(1) and approving the City of Chico Active Transportation Plan (ATP). (Report, Brendan Ottoboni, Public Works Director-Engineering) December 5, 2023 City Council Minutes Page/2
Ann Bykerk-Kauffman, Rain Scher, Bill Monroe, and Bruce McLean addressed the Council on this item.

A motion was made by Councilmember Winslow to direct staff to return with his requested modifications to the City of Chico Active Transportation Plan that includes proposed bicycle facilities (Figure 33, page 116), proposed pedestrian facilities (Figure 34, page 132), and polices (Goals, Objectives, and Strategies, pages 79-82).

After further discussion, Councilmember Winslow withdrew his motion.

A motion was made by Councilmember Winslow and seconded by Mayor Coolidge to: (1) adopt the following resolution determining the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Public Resources Code Section 21080.20(a)(1) approving the City of Chico Active Transportation Plan (ATP); and (2) direct staff to return to Council with a bike plan, including proposed policies and maps.

RESOLUTION NO. 77-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO

DETERMINING THAT THE PREPARATION OF THE ACTIVE TRANSPORTATION PLAN (ATP) IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.20(A)(1) AND ADOPTING THE CITY OF CHICO

ACTIVE TRANSPORTATION PLAN
The motion carried by the following vote:

AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
The Council recessed at 7:59 p.m. for a ten-minute break. The meeting was reconvened, and all members of Council were present.

5.1. CONSIDERATION TO EXECUTE A WORK ORDER WITH PG&E FOR PROJECT PROPOSAL PHASE-3 UNDER THE SUSTAINABLE SOLUTIONS TURNKEY (SST) PROGRAM USING

INTERNAL FINANCING
In support of the City's Climate Action Plan (CAP) goals and continued expense reduction efforts, staff partnered with PG&E and Southland Energy participating in large-scale Energy Conservation Measures (ECMs) through their Sustainable Solutions Turnkey (SST) program for multiple years. The City was now ready to execute phase-3 ECMs totaling $9,637,129 that will further reduce annual utility costs by $485,901 and bring the City near net-neutrality with only 4% of remaining building electrical usage coming from the grid. Phase-3 ECMs will be funded using internal reserve funds and available Inflation Reduction Act tax credits. Reserve fund balances will be restored with annual transfers realized by utility cost savings. (Report - Erik Gustafson, Public Works Director- Operations and Maintenance)
Addressing the Council on this item was Rob Berry.

A motion was made by Mayor Coolidge and seconded by Councilmember van Overbeek to authorize the City Manager to execute a Work Order with PG&E to complete proposed phase-3 ECMs under the SST program contract and execute the necessary reserve fund balance transfers to fund the projects.

December 5, 2023 City Council Minutes Page |3
The motion carried by the following vote:

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

5.2. CONSIDERATION OF POLICE STAFFING, ESTABLISHMENT OF A UNIFORMS AND SAFETY

EQUIPMENT CAPITAL PROJECT, AND APPROVAL OF SUPPLEMENTAL APPROPRIATION/ BUDGET MODIFICATION 2024-PD-001
Due to a significant increase in the Police Department Sworn ranks, staff was requesting to unfreeze five vacant Police Officer positions. In addition, with four retirements by the end of 2024, staff was requesting to over-hire four Police Officer positions. By achieving this hiring scenario, the Police Department expects to be fully staffed within the Police Officer positions by the end of 2024.

Staff also requested approval to establish a new Capital Improvement Project (CIP) for Uniforms and Safety Equipment. The LiveScan Machines CIP current balance is $134,234.00. Pricing of this technology has significantly decreased and the cost to replace both LiveScan machines is $26,000.

Transferring $100,000 in excess funds from the LiveScan Machines CIP to a new Uniforms and Safety CIP will address a pressing need in the Police Department. (Report - Billy Aldridge, Chief of Police
Addressing the Council on this item was Rain Scher.

A motion was made by Councilmember Bennett and seconded by Councilmember van Overbeek to approve the following actions: 1) unfreezing of five Police Officer positions to be made immediately available to fill with both hourly and full-time employees; 2) allow for the over-hire of four Police Officer positions to backfill retirements through the end of 2024; and 3) approve the establishment of a new Capital Improvement Project for Uniforms and Safety Equipment and approve Supplemental Appropriation/Budget Modification No. 2024-PD-001.

The motion carried by the following vote:

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

5.3. CONSIDERATION OF 11/06/23 INTERNAL AFFAIRS COMMITTEE RECOMMENDATIONS Council was asked to consider and approve the recommendations regarding short term rentals made by the Internal Affairs Committee at their 11/06/23 meeting.

A motion was made by Councilmember van Overbeek and seconded by Councilmember Morgan to accept the two recommendations made by the Internal Affairs Committee at the November 6, 2023 meeting.

For the record, Councilmember Tandon voted "no" against the recommendation made on Item B regarding short-term rentals.

The motion carried by the following vote:

AYES: Bennett, Morgan, Tandon, van Overbeek, Reynolds, Coolidge NOES: Winslow (Tandon, "no" on Item B)
December 5, 2023 City Council Minutes Page|4
A. COUNCILMEMBER VAN OVERBEEK REQUEST TO CHANGE REFERENCES TO DOWNTOWN

CHICO IN PUBLIC DOCUMENTS AND SIGNAGE TO HISTORIC DOWNTOWN CHICO At its meeting of April 18, 2023, the City Council voted to refer discussion of Councilmember van Overbeek s request to change references to Downtown Chico in Chico s public documents and signage to Historic Downtown Chico to the Internal Affairs Committee. At its meeting of May 1, 2023, the Internal Affairs Committee postponed this item to the next regular meeting.

IAC Recommendation - A motion by Councilmember Winslow was seconded by Chair van Overbeek to recommend to the Council not to make a name change at this time but to revisit the idea in one year. The motion passed (2-0-1, Reynolds absent).

B. DISCUSSION OF SHORT-TERM RENTALS
At its meeting of October 17, 2023, the City Council voted to refer discussion of short-term rentals to the Internal Affairs Committee.

IAC Recommendation - A motion was made by Chair van Overbeek and seconded by Councilmember Winslow to recommend to Council to leave the short-term rental process as it is currently and direct staff to continue to monitor the situation and return in a year with an update from staff. The motion passed (2-0-1, Reynolds absent).

5.4. ITEMS ADDED AFTER THE POSTING OF THE AGENDA

6. REPORTS AND COMMUNICATIONS - The following reports and communication items were provided for 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. 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 Council was needed in order for staff to agendize.

Discrimination in the City of Chico - Councilmember Winslow A motion was made by Councilmember Winslow agendize a discussion regarding discrimination in the community and what the City can do to provide relief.

The motion failed due to a lack of a second.

Cal Water Citywide Savings Program - Mayor Coolidge
A motion was made by Mayor Coolidge and seconded by Vice Mayor Reynolds to agendize discussion regarding a request for a Cal Water presentation on its citywide savings program, with Council to consider taking action to implement.

The motion carried by the following vote:

AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
Code Enforcement Requirements for On Street Parking of Large Vehicles - Mayor Coolidge A motion was made by Mayor Coolidge and seconded by Councilmember Bennett to agendize a discussion of Code Enforcement requirements for large trucks, boats, and RVs on the City streets.

December 5, 2023 City Council Minutes Pagel5
The motion carried by the following vote:

AYES: Bennett, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: Morgan
ADJOURNMENT - Adjourned at 9:02 p.m. to the City Council Closed Session meeting on Tuesday, December 19, 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.

Date Approved: /drp 1/16/24
Retrans tresson
Deborah R. Presson, MMC, City Clerk
December 5, 2023 City Council Minutes Page |6

CLOSED SESSION MEETING OF THE CHICO CITY COUNCIL
Closed Session Meeting Minutes
December 5, 2023

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

1.1. ROLL CALL - All members of Council were present.

2. CLOSED SESSION - There were no speakers nor any Council disqualifications.

2.1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - (Councilmember Tandon recused herself during the UPEC discussion as she had a potential financial interest due to her spouse's membership in that group. She did not stay in the Conference Room during the discussion.) Council was briefed; direction was provided. No formal action was taken.

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 792

2.2 SECURITY OF PUBLIC BUILDINGS - Pursuant to Gov. Code Sec. 54957(a) Consultation With:

Chief of Police - Council was provided with a report. No action was taken; direction was provided.

2.3. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(d)(1) (USDC Case No.: 2:18-cv-01692-MCE-AC): Estate of Tyler Rushing, et al. v. City of Chico, et al. - Council was briefed. No action was taken; direction was provided.

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 December 5, 2023, at 5:55 p.m. in the Council Chamber, 421 Main Street, Chico, CA.

Date Approved: /drp 1/16/24
Nrakk Messen
Deborah R. Presson, MMC, City Clerk
December 5, 2023 City Council Minutes Page/ 7

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