REGULAR CHICO CITY COUNCIL MEETING December 19, 2023
Chico Municipal Center, Council Chamber, 421 Main Street
1.1. Call to Order - Mayor Coolidge called the December 19, 2023 - Adjourned Regular City Council meeting to order at 6:00 p.m. in the Council Chamber, 421 Main Street, 12/19/23 Agenda
1.2. Invocation – Chaplain Peter Hansen
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
1.5. Moment of Silence – Passing of Retired City of Chico Police Chief Ulrich Bullerjahn – Serving as Chief from August 1, 1977 - December 18, 1991
1.6. December 19, 2023 Closed Session Announcement – City Attorney John Lam announced that Council, all members present, met with staff in Closed Session at 5:00 p.m. regarding the following items:
2.1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION:
- (Laura J. Loriano. v. City of Chico, et al. Case No.: 21CV02290) - Council was briefed; direction was provided and no final action was taken.
2.2. CONFERENCE WITH LABOR NEGOTIATOR -
Council was briefed; no final action was taken.
2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Items A, B, and C - Council was briefed; direction was provided. No final action was taken.
2.4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney - Direction was provided to staff; no final action was taken.
3. PUBLIC COMMENTS -
Members of the public may address the Council at this time on any matter not already listed on the agenda and within the jurisdiction's authority. The Council is prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council under Public Comment were Charles, Withuhn, Will Kennard, Hilary Crosby, and Bryce Goldstein.
4. PUBLIC HEARINGS – None
5. REGULAR AGENDA
2. CONSENT AGENDA
2.1. APPROVAL OF SIDE LETTER AGREEMENT BETWEEN CITY OF CHICO AND CHICO POLICE OFFICER'S ASSOCIATION Approval of a side letter agreement between the City of Chico and Chico Police Officer's Association modifying the Memorandum of Understanding (MOU) to adjust the start time of B Team Swing Shift. (Chelsea Phebus, Director of Human Resources & Risk Management) Item 2.1. CPOA Side Letter
2.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO AMEND THE CITY MASTER FEE SCHEDULE TO ESTABLISH FEES FOR THE REMOVAL AND STORAGE OF ABANDONED SHOPPING CARTS - This item was removed from the Consent Agenda and considered separately.
Item 2.2. Shopping Cart Fee Schedule Resolution
2.3 RESOLUTION NO. 78-23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO DESIGNATING THE CITY MANAGER AS THE CITY'S REPRESENTATIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY CLAIM SETTLEMENT DOCUMENTS In order to finalize the City of Chico's ("City") acceptance of the Fire Victim Trust claim determination settlement offer, staff requests that the City Council adopt the resolution designating the City Manager as the City's representative and authorizing the City Manager to execute all necessary claim settlement documents.. (John Lam, City Attorney)
Item 2.3. Acceptance of Settlement Offer - Fire Victim Trust Claim
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.2.
2. CONSENT AGENDA
2.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO TO AMEND THE CITY MASTER FEE SCHEDULE TO ESTABLISH FEES FOR THE REMOVAL AND STORAGE OF ABANDONED SHOPPING CARTS On September 19, 2023, the City Council adopted Ordinance No. 2593 regulating stolen or abandoned shopping carts and establishing an abatement and enforcement program related thereto. In accordance with the Ordinance, abandoned carts may be collected and impounded by City staff. Impounded carts will be stored by the City, and businesses will have three business days to collect their carts without penalty. Carts not collected within this time are subject to a fee set by the City Council. In addition, a fee shall be charged per occurrence to a cart owner who has more than three occurrences of impounded carts within a six-month period.
City staff had determined that its cost for the retrieval and storage of abandoned carts will be at least twenty dollars ($20) per cart. This fee is not designed to be revenue generating, but instead is to recoup staff costs for retrieval and storage of shopping carts. In addition, California Business and Professions Code section 22435.7, subdivision (f) limits the per occurrence fine to fifty dollars ($50) per occurrence. In accordance with this authority, City staff proposed setting the per occurrence fee at $50 per occurrence. ( Report - Brendan Vieg, Director of Community Development)
3. PUBLIC COMMENTS
Members of the public may address the Council at this time on any matter not already listed on the agenda and within the jurisdiction's authority. The Council is prohibited from taking any action at this meeting on requests made under this section of the agenda.
5.1. INTERVIEWS & APPONTMENT TO FILL A VACANCY ON THE CLIMATION ACTION COMMISSION Due to an unscheduled vacancy on the Climate Action Commission (CAC), several recruitments for this position were held in order to allow for additional applications to be submitted by citizens interested in serving on this commission along with the remaining applicants still interested in serving who applied during the 2022 Biennial Recruitment. The term remaining for this position is one year, with a nomination to be made by Councilmember Morgan and then confirmed by a majority vote of the Council. Due to the timing, it is recommended that the Council hear from the applicants in attendance, noting that attendance at this meeting was not a requirement for serving. At the end of the interviews, it was further recommended that Councilmember Morgan be allowed to make his nomination at this meeting, followed by Council confirmation. If the Council agreed, the consolidation of the City's two-step process would allow for an earlier start date for the selected commissioner thereby ensuring that the CAC has a full membership and can make a quorum when meetings are needed. (Report - Deborah Presson, City Clerk & Elections Official) Recommendation - The City Clerk recommends that the Council: (1) hear from the applicants in attendance; (2) have Councilmember Morgan nominate one of the applicants to fill the vacant 1-year position; and (3) then vote to confirm that nomination by a majority vote.
Item 5.1. CAC Interviews and Appointment - Applications Item 5.1. CAC Staff Report
5.2. CONSIDERATION OF A RESOLUTON TO CONVEY TWO HUMBOLDT ROAD CITY GREENWAY PROPERTIES TO THE CHICO AREA RECREATION AND PARK DISTRICT The City Council considered authorizing the conveyance of two adjacent creek-side greenway properties located at 2051 and 2177 Humboldt Road in southeast Chico to the Chico Area Recreation and Park District (CARD). The intent of the conveyances was to build a new bicycle and mountain bike themed park, dog park, and other park facilities on the properties. This proposal was reviewed by the Bidwell Park & Playground Commission at its meeting on 12/11/23. (Report - Erik Gustafson, Director of Public Works- Operations & Maintenance) Recommendation : The Public Works Director-Operations and Maintenance recommends approval of the following resolution, with a four-fifths majority required:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO FINDING OF EXEMPT SURPLUS LAND UNDER THE SURPLUS LAND ACT AND AUTHORIZING THE CONVEYANCE OF HUMBOLDT ROAD CREEKSIDE GREENWAY PROPERTIES TO THE CHICO AREA RECREATION AND PARK DISTRICT (ASSESSOR'S PARCEL NOS. 002-110-007 AND 002-180-201) Item 5.2. Resolution to Convey Properties to CARD
5.3. CONFIRMATION OF AMENDED CONTRACT FOR DEPUTY DIRECTOR - PUBLIC WORKS OPERATIONS AND MAINTENANCE 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 amended employment agreement for the Deputy Director - Public Works, Operations & Maintenance (Report - Chelsea Phebus, Director of HR & RM)
Recommendation :
A.
In compliance with Government Code Section 54953(c)(3), the City Manager orally reported a summary of the recommendation for final action related to the Deputy Director – Public Works, Operations & Maintenance employment agreement as follows:
“The City Manager was proposing to enter into an amended employment agreement with Skyler Lipski as the Deputy Director – Public Works, Operations & Maintenance to authorize the monthly car allowance of $400 which will free up scarce Public Works vehicles.” B.
The City Manager recommends Council confirmation of the amended employment agreement of Skyler Lipski as Deputy Director – Public Works, Operations & Maintenance.
Item 5.3. Public Works Deputy Director Contract Amendment
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. 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 annual 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 2022-2023. (Mark Sorensen, City Manager)
Item 6.2. Shelter Crisis Declaration Status Report
6.3. 2022-23 DEVELOPMENT IMPACT FEE REPORT -
Information only
Pursuant to California Government Code §66006(b), Staff is submitting to Council the 2022-2023 City of Chico Development Impact Fee Report, which contained financial information pertaining to the collection and use of development impact fees imposed by the City for the fiscal year ending June 30, 2023. This report provided information only and does not increase or decrease the fees. The statute requires the Council to review the report, but no particular findings or actions are required. (Brendan Ottoboni, Director of Public Works - Engineering) Item 6.3. Dev. Impact Fee Report
6.4. ANNUAL REBUDGETS OF FISCAL YEAR 2022-23 INTO FISCAL YEAR 2023-24 AND REPORT ON CONFIRMING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2022-23 - Information only
Item 6.4. Annual Rebudgets
6.5. COUNCILMEMBER REQUESTS - None
7. ADJOURNMENT - Adjourned at 6:53 p.m. to the City Council Closed Session meeting on Tuesday, January 2, 2024, at 5:00 or 5:30 p.m., followed by the Regular City Council meeting at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico.
1. CLOSED SESSION - CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL
2. CLOSED SESSION AGENDA -
There were no speakers nor any Council disqualifications.
2.1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. (54956.9(d)(1) - (Laura J. Loriano. v. City of Chico, et al. Case No.: 21CV02290)
2.2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 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
2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Gov. Code Sec. 54956.8.
A.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: John G Lynch
Property: A portion of APN 006-100-017
Address: 194 Rio Lindo Ave, Chico, CA 95938
Under Negotiation: Price and Terms of Payment, in association with 2024 Road Rehabilitation Project - Rio Lindo Ave B.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Mckee Properties LLC
Property: A portion of APN 006-110-018
Address: 372 Rio Lindo Ave, Chico, CA 95940
Under Negotiation: Price and Terms of Payment, in association with 2024 Road Rehabilitation Project - Rio Lindo Ave C.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manager
Party Negotiating with: Ross Mcclure and Jennifer Mcclure Property: A portion of APN 006-100-002
Address: 2307 Eugene Ave, Chico, CA 95943
Under Negotiation: Price and Terms of Payment, in association with 2024 Road Rehabilitation Project - Rio Lindo Ave
2.4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney
2.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA
3. ADJOURNMENT - The meeting adjourned at 6:00 p.m. to the Adjourned Regular City Council Meeting on December 19, 2023, at 6:00 p.m. in the Council Chamber, 421 Main Street, Chico, CA.