ADJOURNED REGULAR CHICO CITY COUNCIL MEETING - December 19, 2023 Minutes
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, Chico.
1.2. Invocation - Chaplain Peter Hansen
1.3. Pledge of Allegiance to the Flag
1.4. Roll Call
Present: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge
Absent:
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, with all members present, met with staff in Closed Session at 5:00 p.m. on the following items:
2.1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION - Council was briefed; no action was taken.
2.2. CONFERENCE WITH LABOR NEGOTIATOR - Council was briefed; no action was taken.
2.3. • CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Council was briefed; no action was taken.
2.4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney - Council was briefed; no action was taken.
CONSENT AGENDA
A motion was made by Councilmember Morgan and seconded by Councilmember Winslow to approve the Consent Agenda, as read, with Item 2.2. removed and considered separately.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
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 and heard immediately after the approval of the Consent Agenda and considered separately.
December 19, 2023 City Council Minutes Page/1
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 requested 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)
2.4. ITEMS REMOVED FROM THE CONSENT AGENDA - Item 2.2.
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 would then be stored by the City, and businesses would have three business days to collect their carts without penalty. Carts not collected within this time would be 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 determined that its cost for the retrieval and storage of abandoned carts would be at least twenty dollars ($20) per cart. This fee was not designed to be revenue generating, but instead was to recoup staff costs for retrieval and storage of shopping carts. In addition, California Business and Professions Code section 22435.7, subdivision (f) limited 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) A motion was made by Mayor Coolidge to adopt the following resolution:
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
The motion died for a lack of a second.
A motion was made by Councilmember Morgan and seconded by Councilmember Bennett to direct staff come back with a different solution that is workable.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 is prohibited from taking any action at this meeting on requests made under this section of the agenda.
Addressing the Council were Charles Withuhn, Will Kennard, Hilary Crosby, Bryce Goldstein, and Michael Condon.
4. PUBLIC HEARINGS - None
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5. REGULAR 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)
Applicants addressing the Council on this item were Michael Condon, Melissa Frausto, and Geraldine Mahood.
A motion was made by Mayor Coolidge and seconded by Councilmember Winslow to confirm Councilmember Morgan's nomination of Geraldine Mahood to fill the vacancy on the Climate Action Commission, with a term of one-year.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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)
Nichole Farley addressed the Council on this item.
A motion was made by Councilmember Tandon and seconded by Vice Mayor Reynolds to adopt the following resolution, with a four-fifths majority required:
RESOLUTION NO. 79-23 - 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)
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge December 19, 2023 City Council Minutes Pagel3
NOES: None
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)
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 recommended Council confirmation of the amended employment agreement of Skyler Lipski as Deputy Director - Public Works, Operations & Maintenance.
A motion was made by Councilmember van Overbeek and seconded by Councilmember Bennett to confirm the Deputy Director of Public Works - Operations contract amendment.
The motion carried by the following vote:
AYES: Bennett, Morgan, Tandon, van Overbeek, Winslow, Reynolds, Coolidge NOES: None
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 serves as 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)
6.3. 2022-23 DEVELOPMENT IMPACT FEE REPORT - Information only Pursuant to California Government Code §66006(b), Staff submitted to Council the 2022-2023 City of Chico Development Impact Fee Report, which contained financial information pertaining to the collectior and use of development impact fees imposed by the City for the fiscal year ending June 30, 2023. This report provides 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)
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
6.5. COUNCILMEMBER REQUESTS - None
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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.
Date Approved: /drp 1/16/23
Deborah R. Presson, MMC, City Clerk
December 19, 2023 City Council Minutes Page|5
CLOSED SESSION - December 19, 2024
Minutes
1. CLOSED SESSION - CALL TO ORDER AT 5:00 P.M. IN THE COUNCIL CHAMBER
1.1. ROLL CALL - All members were present
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) - Council was briefed; no action was taken.
2.2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Gov. Code Sec. 54957.6 - Council was briefed; no 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
2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Gov. Code Sec. 54956.8. - Council was briefed; no action was taken.
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
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency Negotiator: Mark Sorensen, City Manage
arty Negotiating with: Mckee Properties LLO
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
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2.4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: (Gov. Code Section 54957(b).) Title: City Attorney - Council was briefed; no action was taken.
2.5. CLOSED SESSION ITEMS THAT AROSE AFTER THE POSTING OF THE AGENDA - None
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.
Date Approved: /drp 1/16/23
Nebrakk Messen
Deborah R. Presson, MMC, City Clerk
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